Disposed

Navneet Upreti and 6 Others v. State of U.P. and Another

Allahabad HC28 Jul 2022A482/11074/2022

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application seeking to quash proceedings arising under Sec. 498A IPC, the court referred the matter to the High Court Mediation Centre. The applicant was directed to deposit Rs. 25,000. Stay on coercive action was granted pending mediation.

What did the court decide?

Matter referred to High Court Mediation Centre; stay on coercive proceedings granted subject to deposit of Rs. 25,000.

Navneet Upreti and 6 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2022)

¶1

Court No. - 81

¶2

Case :- APPLICATION U/S 482 No. - 11074 of 2022

¶3

Applicant :- Navneet Upreti And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mrs. Manju Rani Chauhan,J.

¶5

Heard Mr. Prem Chandra Dwivedi, learned counsel for the applicants and learned A.G.A. for the State.

¶6

This application under Section 482 Cr.P.C. has been filed by the applicants to quash/stay the charge sheet dated 19.09.2021 as well as cognizance order dated 19.10.2021 and the entire proceeding of Case No.11043 of 2021, (State Vs. Navneet Upreti and others), arising out of Case Crime No.132 of 2021, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Saiyan, District-Agra.

¶7

Learned counsel for the applicants submits that the dispute between the parties is a matrimonial dispute and in case, the matter is referred for mediation, the parties may get an opportunity to amicably settle their dispute. He, therefore, submits that in view of the peculiar facts and circumstances of the present case, it will be in the interest of both the parties that the matter may be referred for mediation to the Mediation Centre, High Court, Allahabad.

¶8

Learned A.G.A. has no objection to this proposition.

¶9

In view of the above, the matter is referred to Mediation & Conciliation Centre of this Court. The applicants are directed to deposit a sum of Rs. 25,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within a period of four weeks from today. After deposit of the aforesaid amount, office shall immediately send a notice to the opposite party no.2 calling upon her to file counter affidavit. Out of Rs. 25,000/-, Rs. 20,000/- shall be payable to the opposite party no.2 on her appearance before the Mediation and Conciliation Centre and remaining Rs. 5,000/- shall be payable to the Mediation and Conciliation Centre.

¶10

It is also directed that the aforesaid mediation proceedings be completed within a period of six months from the date of production of a certified copy of this order.

¶11

It is, however, provided that after completion of the mediation proceedings, whatever may be the outcome, the applicants shall be at liberty to file a fresh application under Section 482 Cr.P.C. along with mediation report for quashing of the proceedings.

¶12

For a period of six months from today or till completion of the mediation proceedings, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.

¶13

If the amount, as directed above, is not deposited by the applicants within the aforesaid period, the stay order shall automatically come to an end and the mediation centre shall immediately inform the concerned office, who in turn, shall send a notice to the concerned court below, who shall proceed further in accordance with law.

¶14

In case, the opposite party does not appear before the Mediation Centre, the money deposited by the applicant/applicants, payable to opposite party, as per direction of the Court, shall be returned to the applicant/applicants on a written application made by him/her.

¶15

With the aforesaid directions, this application is finally disposed of.

¶16

Order Date :- 28.7.2022 Rahul.

¶17

Digitally signed by RAHUL GOSWAMI Date: 2022.08.01 18:08:17 IST Reason: Location: High Court of Judicature at Allahabad

Navneet Upreti and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Navneet Upreti and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Yogesh Kumar Vs State of U.P. and 3 Ors.

Niranjan Lal Vs State of U.P. and 3 Others

Iqbal Khan and 6 Others Vs State of U.P. and Another

Sonu Vs State of U.P. and Another

Omi Alias Omprakash and 3 Others Vs State of U.P. and Another

New Fair Deal Enterprises Vs State of U.P. and Another