Disposed

Mayank Gupta and 4 Others v. State of U.P. and Another

Allahabad HC15 Feb 2022A482/7734/2021

Case brief

AI extract

What is this about?

In this application under Section 482 CrPC, the Gauhati High Court directed the parties to appear before the trial court for mediation regarding a domestic dispute. The court stayed coercive steps for five months and disposed of the quashing application without deciding on merits, leaving the matter for mediation; if successful, the applicant could approach the High Court again.

What did the court decide?

Directed parties to file application for mediation before the trial court; stayed coercive steps for five months; application disposed of no decision on quashing.

Mayank Gupta and 4 Others Vs State of U.P. and… — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 49

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Case :- APPLICATION U/S 482 No. - 7734 of 2021

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Applicant :- Mayank Gupta And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Sharma Counsel for Opposite Party :- G.A.,Pulak Ganguly

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed praying for quashing of charge sheet dated 26.1.2020 and cognizance order dated 24.02.2020 of the Criminal Case No.404 of 2020 (State Vs. Mayank and others) arising out of Case Crime No.0371 of 2018, under Sections- 498-A, 323, 308, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station- Bareilly Nagar, District- Bareilly, pending in the court of Judicial Magistrate, Bareilly.

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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 :- 15.2.2022 // Krishna*

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Digitally signed by KRISHNA KUMAR Date: 2022.02.17 16:16:39 IST Reason: Location: High Court of Judicature at Allahabad

Mayank Gupta and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mayank Gupta and 4 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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