Disposed

Pramod Kumar @ Ashok Kumar and 4 Others v. State of U.P.and Another

Allahabad HC27 Apr 2022A482/6123/2022

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC to quash proceedings under Sections 498-A and other IPC sections, the court directed the parties to pursue mediation before the lower court if a dispute exists. The court granted a five-month stay on coercive steps and ordered that if mediation succeeds, the matter be closed; if not, the lower court proceeds.

What did the court decide?

Parties directed to seek mediation; stay on coercive steps for five months; direction for lower court to proceed if mediation fails.

Pramod Kumar @ Ashok Kumar and 4 Others Vs State of U.P.and Another — Allahabad HC (2022) — LawSathi Research

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 6123 of 2022

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Applicant :- Pramod Kumar @ Ashok Kumar And 4 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Pradip Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicants, 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 entire proceeding of the impugned complaint case no. 4090 of 2017 under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act Police Station Barra Kanpur Nagar (Mamta Verma vs. Pramod Kumar and others) pending before court of Special Chief Judicial Magistrate, Kanpur Nagar.

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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.

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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 applicants 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 applicants and in case mediation succeeds, the applicants 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 :- 27.4.2022

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Digitally signed by SWETA YADAV Date: 2022.04.30 15:37:34 IST Reason: Location: High Court of Judicature at Allahabad

Pramod Kumar @ Ashok Kumar and 4 Others v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

Pramod Kumar @ Ashok Kumar and 4 Others v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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