Nikhil Soni and 3 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2022)

Nikhil Soni and 3 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2022)

What the court decided

AI extract

Outcome

Interim protection: no coercive steps against the applicants for five months, coupled with directions to pursue mediation before the court below (appropriate order within a week of filing; mediation centre to decide within four months); liberty to the applicants to approach this Court if mediation succeeds, and liberty to the court below to proceed if mediation fails.

Issue for consideration

Whether the complaint case no. 548 of 2021 and the summoning order dated 6.12.2021 passed by the Judicial Magistrate, Auraiya should be quashed. +1 more

Ratio / Principle

Both parties were directed to appear before the court below and file an application for settling the dispute through mediation; upon such filing, the court concerned shall pass an appropriate order within a week, and the mediation centre will decide the matter within a period of four months.

Key takeaways

No coercive steps shall be taken against the applicants in the above mentioned case for a period of five months.ratio¶7
In case the mediation process between the parties fails, the court below shall be free to proceed further with the matter against the applicants; in case mediation succeeds, the applicants shall be free to approach this Court.ratio¶8
The application was disposed of with the above observations; the quashing prayer was not adjudicated on merits.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Gautam Chowdhary, J.) — Application U/S 482 No. 2099 of 2022, Order Date 30.3.2022. Applicants sought quashing of complaint case no. 548 of 2021 (Geeta Soni Vs. Nikhil Soni and others), under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Ayana, District Auraiya, and of the summoning order dated 6.12.2021 passed by the Judicial Magistrate, Auraiya. On the applicants' contention that the dispute was capable of amicable settlement, the Court disposed of the application with directions: both parties to appear before the court below and file an application for mediation, on which the court concerned shall pass an appropriate order within a week and the mediation centre shall decide within four months; no coercive steps against the applicants for five months; if mediation fails, the court below is free to proceed further against the applicants, and if mediation succeeds, the applicants are free to approach the Court.

Court No. - 86 Case :- APPLICATION U/S 482 No. - 2099 of 2022 Applicant :- Nikhil Soni And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Dwivedi,Shiv Bilas Soni Counsel for Opposite Party :- G.A.

Hon'ble Gautam Chowdhary,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

This application has been filed with a prayer to quash the complaint case no. 548 of 2021 pending in the Court of Judicial Magistrate, Auraiya and summoning order dated 6.12.2021 passed by Judicial Magistrate, Auraiya (Geeta Soni Vs. Nikhil Soni and others), under Section 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Ayana, District Auraiya.

The contentions raised by the applicants' counsel is that there is a dispute in between the parties. There are chances of amicable settlement between the parties. Applicants' counsel urged that this case may be referred for mediation so that the parties may have a chance to settle their dispute on their own terms through mediation.

In such circumstances, it is directed that both the parties shall appear before the court below and file an application for settling the dispute through mediation. In case such an application is filed before the court below for settling the dispute through mediation, the court concerned shall pass an appropriate order within a week from the date of filing such an application. The mediation centre will decide the same within a period of four months.

For a period of five months, no coercive steps shall be taken against the applicants in the above mentioned case.

It is further directed that in case mediation process between the parties fails, the court below shall be free to proceed further with the matter against the applicants and in case mediation succeeds, the applicants shall be free to approach this Court.

With the above observation, this application is disposed of.

Order Date :- 30.3.2022 Abhishek Singh

Digitally signed by ABHISHEK SINGH Date: 2022.03.31 15:11:16 IST Reason: Location: High Court of Judicature at Allahabad