Disposed

Firoz Haider v. State of U.P. and Another

Allahabad HC16 Feb 2022A482/3555/2022

Case brief

AI extract

What is this about?

This single-judge order in an application under Section 482 Cr.P.C. does not quash the maintainability of a Section 125 Cr.P.C. case but directs parties to seek mediation before the Family Court. A temporary stay on coercive steps is granted for five months pending mediation. If mediation fails, the Family Court may proceed; if it succeeds, the applicant can approach the High Court.

What did the court decide?

Mediation directed before Family Court; stay on coercive steps for five months pending outcome of mediation.

Firoz Haider Vs State of U.P. and Another — Service and Employment | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 3555 of 2022

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Applicant :- Firoz Haider Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Dubey,Abrar Alam Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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

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This application has been filed with a prayer to quash the impugned order dated 27.08.2021 passed by Addl. Principal Judge, Family Court No. 2, Muzaffar Nagar in Case No. 68 of 2018, (Smt. Asma vs. Firoz Haider) under section 125 Cr.P.C., P.S. Jonstha, District Muzaffar Nagar.

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The contentions raised by the applicant counsel is that there is a dispute in between the parties. There are chances of amicable settlement between the parties. Applicant 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.

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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.

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

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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 applicant and in case mediation succeeds, the applicant shall be free to approach this Court.

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With the above observation, this application is disposed of.

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Order Date :- 16.2.2022 Bhanu

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Digitally signed by BHANU PRATAP KUSHWAHA Date: 2022.02.21 12:07:46 IST Reason: Location: High Court of Judicature at Allahabad

Firoz Haider v. State of U.P. and Another

Case brief

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Firoz Haider v. State of U.P. and Another

Case brief

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