Dismissed¶21

Kamal Hasan and 2 Others v. State of U.P. and Another

Allahabad HC7 Jul 2022A482/6135/2021

Case brief

AI extract

What is this about?

Allahabad High Court; Application u/s 482 Cr.P.C. No. 6135 of 2021; Kamal Hasan and 2 others v. State of U.P. and another; counsel Ashish Dwivedi; quashing of charge sheet dated 12.8.2019 and cognizance order dated 6.6.2020; Chief Judicial Magistrate, Moradabad; Case No. 5537 of 2020; case crime No. 609 of 2019; Sections 323, 506 IPC; Police Station Civil Lines, Moradabad; matrimonial dispute; mediation referral order dated 15.12.2021; default in deposit of Rs.30,000/-; Mediation Centre report (non-compliance till 12.4.2022); dismissed for want of prosecution on 7.7.2022; interim order discharged; Rajeev Misra, J.; merits not decided.

What did the court decide?

As no one appeared on behalf of the applicants to press the application, it is dismissed for want of prosecution. ¶21

Kamal Hasan and 2 Others Vs State of U.P. and Another — Allahabad HC (2022) — LawSathi Research

¶1

Court No. - 80

¶2

Case :- APPLICATION U/S 482 No. - 6135 of 2021

¶3

Applicant :- Kamal Hasan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Dwivedi Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajeev Misra,J.

¶5

Case called out in revise list.

¶6

No one appears on behalf of applicant to press this application.

¶7

Present application came up for admission on 15.12.2021 and this Court passed the following order:

¶8

Heard Shri Ashish Dwivedi, learned counsel for the applicants and learned A.G.A. for the State.

¶9

The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 12.8.2019 as well as cognizance order dated 6.6.2020 passed by Chief Judicial Magistrate, Moradabad in Case No. 5537 of 2020, arising out of case crime No. 609 of 2019, under Section 323, 506, Indian Penal Code, Police Station Civil Lines, District Moradabad.

¶10

Learned counsel for the applicants submits that the present criminal proceedings are arising out of the matrimonial dispute between the parties and the applicants have intention to settle the same amicably. Learned counsel further urged that this case may be referred to the Mediation Centre of this Court so that they may have a chance to settle their dispute on their own terms through mediation. In order to show their bona fide the applicants are ready to deposit Rs.27,000/- to be handed over to the opposite party no. 2 on her first appearance before Mediation.

¶11

The Court is also satisfied on the basis of the record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through process of mediation and an attempt ought to be made to explore that possibility.

¶12

Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court, Allahabad. The applicants will deposit Rs.30,000/- within three weeks from today at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties. Out of the same, Rs.27,000/- shall be handed over to the opposite party no. 2 on her first appearance. It is further provided that Rs.3,000/- will remain deposited with the Mediation and Conciliation Centre, High Court, Allahabad.

¶13

The mediator is allowed two months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.

¶14

Put up this case on 7.3.2022 as fresh before the appropriate Bench along with report of the mediator.

¶15

Till the next date of listing, the proceedings of the aforesaid case shall remain stayed.

¶16

It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the applicants in the mediation proceedings, the interim stay order shall stand automatically vacated.

¶17

This case shall not be treated as tied up or part heard with this Bench.

¶18

Pursuant to order dated 15.12.2021, applicants have not deposited the requisite amount with Mediation and Conciliation Centre, High Court Allahabad.

¶19

Accordingly, Registrar, Mediation and Conciliation Centre, High Court Allahabad has submitted the report which reads as under:

¶20

"In compliance of Hon'ble Court's" order dated 15.12.2021, the applicants were required to deposit a sum of Rs. 30,000/- (rupees thirty thousand only) with the Mediation Centre of this Court. The applicants have not complied with the Hon'ble Court's order with regard to deposit of money till 12.4.2022 and thus, the notices could not be issued to the parties by the Mediation Centre."

¶21

As no one appears on behalf of applicant to press this application, it is accordingly dismissed for want of prosecution.

¶22

Interim order, if any, stands discharged.

¶23

Order Date :- 7.7.2022 Arshad

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Digitally signed by ARSHAD MAHMOOD Date: 2022.07.07 18:26:02 IST Reason: Location: High Court of Judicature at Allahabad

Kamal Hasan and 2 Others v. State of U.P. and Another

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Kamal Hasan and 2 Others v. State of U.P. and Another

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