Disposed

Manoj Kumar and 4 Others v. State of U.P. and Another

Allahabad HC26 May 2022A482/6560/2022

Case brief

AI extract

What is this about?

This application under Section 482 CrPC requested quashing of a summoning order in a matrimonial case. The court instead directed the lower court to refer parties to mediation, prohibited coercive steps during mediation, and disposed of the application accordingly.

What did the court decide?

Directed lower court to refer parties to mediation; coercive steps stayed for five months; application disposed.

Manoj Kumar and 4 Others Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 6560 of 2022

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Applicant :- Manoj Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alkesh 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 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 summoning order dated 02.02.2019 passed A.C.J.M., Court No.1, Mainpuri in Complaint Case No. 193 of 2021, under Sections 498-A, 323 I.P.C. and Section 3/4 D.P. Act, P.S. Dannahar, District Mainpuri as well as entire proceedings of the aforesaid case.

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It is submitted by learned counsel for the applicants that the present matter relates to a matrimonial dispute between husband and wife and the said matter can be well considered by Mediation Centre of this Court. It is further contended that there are chances of reconciliation between husband and wife, therefore, the matter may be referred to the Mediation Center.

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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. With the above observation, this application is disposed of. Order Date :- 26.5.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.05.27 10:31:38 IST Reason: Location: High Court of Judicature at Allahabad

Manoj Kumar and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Manoj Kumar and 4 Others v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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