Disposed

Uday Raj Yadav and 6 Others v. State of U.P.and Another

Allahabad HC8 Jul 2022A482/6405/2022

Case brief

AI extract

What is this about?

In a Section 482 application seeking quashing of criminal proceedings for dowry offence and related IPC charges, the Court directed the parties to appear before the lower court for mediation. It granted a five-month stay on coercive steps contingent on mediation, allowing further proceedings only if mediation fails.

What did the court decide?

Direction to parties to seek mediation; five-month stay on coercive steps.

Uday Raj Yadav and 6 Others Vs State of U.P.and… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 83 Case :- APPLICATION U/S 482 No. - 6405 of 2022 Applicant :- Uday Raj Yadav And 6 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Anil Kumar Mishra,Om Prakash Pathak 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 proceedings of Criminal Case No. 100 of 2021 (State Vs. Uday Raj Yadav and other) arising out of Case Crime No. 0079 of 2021 under Sections 498-A, 323, 504, 406 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Prayagraj, pending before learned Additional Civil Judge (J.D) Room No.21, District Allahabad as well as to quash the charge sheet dated 05.01.2022 filed in the aforesaid case.

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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 :- 8.7.2022/S.Ali

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Digitally signed by SHAUKAT ALI Date: 2022.07.13 10:37:05 IST Reason: Location: High Court of Judicature at Allahabad

Uday Raj Yadav and 6 Others v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

Uday Raj Yadav and 6 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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