Disposed

Akhilesh Yadav v. State of U.P. and Another

Allahabad HC16 Feb 2022A482/3583/2022

Case brief

AI extract

What is this about?

Single-judge order addressing an application to quash a charge sheet under Sections 498A IPC and Dowry Prohibition Act. The court directed parties to appear before the trial court for mediation, deferred coercive steps for five months, and reserved the right to proceed if mediation fails.

What did the court decide?

Directed parties to appear for mediation; stayed coercive steps for five months if mediation application filed; reserved right to approach High Court upon successful mediation.

Akhilesh Yadav Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 3583 of 2022

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Applicant :- Akhilesh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajai Kumar Singh 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 charge sheet dated 16.12.2019 registered as Case No. 38 of 2019 (State Vs. Akhilesh Yadav), arising out of Case Crime No. 52 of 2018, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Kanpur Nagar, pending before learned Civil Judge (Junior Division)/F.T.C., District Kanpur Nagar as well as to quash the cognizance order dated 06.01.2020.

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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 12:07:28 IST Reason: Location: High Court of Judicature at Allahabad

Akhilesh Yadav v. State of U.P. and Another

Case brief

What is this about?

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Akhilesh Yadav v. State of U.P. and Another

Case brief

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What did the court decide?

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