Disposed

Sunil Kumar and Another v. State of U.P. and Another

Allahabad HC26 Apr 2022A482/3080/2022

Case brief

AI extract

What is this about?

In a Section 482 application to quash a 498A/406 IPC complaint, the Allahabad High Court declined to interfere, holding disputes of fact require trial. It directed the applicants to approach the Trial Court for mediation within 15 days and stayed coercive action for 75 days.

What did the court decide?

Application for quashing dismissed in part; liberty to apply to Trial Court for mediation granted; coercive action stayed for 75 days.

Sunil Kumar and Another Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 3080 of 2022

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Applicant :- Sunil Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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Heard learned counsel for the parties and learned A.G.A. appearing for State and perused the record.

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This application under Section 482 Cr.P.C. has been filed with the prayer to quash entire proceeding of Complaint Case No. 1688 of 2019, (Smt. Priyanka Vs. Sunil Kumar and Others) under Section- 498A, 406 IPC and 3/4 of D.P. Act, P.S.- Eka, District- Firozabad, as well as summoning order dated 18.03.2021, passed by Additional Civil Judge (J.D.)/ Judicial Magistrate Court No.2, Shikohabad, Firozabad.

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It is submitted by learned counsel for the applicants that it is a matrimonial dispute and the matter may be referred to mediation centre as there are fair chances of amicable settlement of dispute between the parties.

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From the perusal of the material on record and looking into the facts and circumstances of the case, I am of the considered view that prima facie cognizable case is made out against the applicants. All the submission made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CR.P.C.

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I have heard learned counsel for the applicants and learned AGA. and have gone through the materials available on record carefully and I do not find any substance in the arguments advanced by learned Counsel for the applicants. No interference is required by this Court.

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Under the facts and circumstances of the case, the applicants are at liberty to move an application for mediation before the Trial Court concerned within 15 days from today. The Trial Court after obtaining consent from opposite party no.2 may refer the matter to District Mediation Centre.

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It is made clear that in case mediation fails, the Trial Court shall proceed with the trial.

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For a period of 75 days from today no coercive action shall be taken against applicants.

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

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Order Date :- 26.4.2022 S.Verma

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Digitally signed by SANDEEP KUMAR VERMA Date: 2022.04.28 16:37:35 IST Reason: Location: High Court of Judicature at Allahabad

Sunil Kumar and Another v. State of U.P. and Another

Case brief

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Sunil Kumar and Another v. State of U.P. and Another

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