Disposed

Iqbal Khan and 6 Others v. State of U.P. and Another

Allahabad HC25 Jul 2022A482/7869/2022

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash criminal proceedings arising from a matrimonial dispute. Court referred the matter to mediation and stayed coercive action contingent upon deposit of fees. Applicants may file a fresh application after mediation.

What did the court decide?

Matter referred to Mediation Centre; stay on coercive action for six months; directed deposit of Rs. 20,000.

Iqbal Khan and 6 Others Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2022)

¶1

Court No. - 81

¶2

Case :- APPLICATION U/S 482 No. - 7869 of 2022

¶3

Applicant :- Iqbal Khan And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kripa Shanker Yadav Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mrs. Manju Rani Chauhan,J.

¶5

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

¶6

This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Criminal Case No. 158 of 2022 arising out of Case Crime No. 387 of 2021 under Sections 498A, 323, 504, 506, 376 I.P.C. and Sections 3/4 D.P. Act, Police Station-Raya, District-Mathura along with chargesheet dated 15.12.2021 and cognizance order dated 31.01.2022.

¶7

From perusal of the record, it appears that applicant no.1 is the husband of opposite party no.2 and applicant nos. 2 to 7 are family members of the husband.

¶8

Learned counsel for the applicants submits that the dispute between the parties is a matrimonial dispute and, in case, the matter is referred for mediation, the parties may get an opportunity to amicably settle their dispute. He, therefore, submits that in view of the peculiar facts and circumstances of the present case, it will be in the interest of all the parties that the matter be referred for mediation to the Mediation Centre, High Court, Allahabad.

¶9

Learned A.G.A. has no objection to this proposition.

¶10

In view of the above, the matter is referred to Mediation & Conciliation Centre of this Court. The applicants are directed to deposit a sum of Rs. 20,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within a period of four weeks from today. After deposit of the aforesaid amount, office shall immediately send a notice to the opposite party no.2 calling upon her to file counter affidavit.

¶11

Out of Rs. 20,000/-, Rs. 15,000/- shall be payable to the opposite party no.2 only on her appearance on two dates as fixed by the Mediation and Conciliation Centre and the remaining amount of Rs.5,000/- shall be payable to the

¶12

Mediation and Conciliation Centre.

¶13

It is also directed that the aforesaid mediation proceedings be completed within a period of six months from the date of production of a certified copy of this order.

¶14

It is, however, provided that after completion of the mediation proceedings, irrespective of the outcome, the applicants shall be at liberty to file a fresh application under Section 482 Cr.P.C. alongwith mediation report for quashing of the proceedings pending against them.

¶15

For a period of six months from today or till completion of the mediation proceedings, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.

¶16

It is made clear if the amount, as directed above, is not deposited by the applicants within the aforesaid period, the stay order shall automatically come to an end and the mediation centre shall immediately inform the concerned office, who, in turn, shall send a notice to the concerned court below to proceed further, in accordance with law.

¶17

In case, the opposite party does not appear before the Mediation Centre, the money deposited by the applicant, payable to the opposite party as per direction of the Court, shall be returned to the applicant, on a written application made by them.

¶18

With the aforesaid directions, this application is finally disposed of.

¶19

Order Date :- 25.7.2022 Madhurima

¶20

Digitally signed by MADHURIMA GARG Date: 2022.07.29 11:12:10 IST Reason: Location: High Court of Judicature at Allahabad

Iqbal Khan and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Iqbal Khan 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

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashif Vs State of U.P. and Another

Ashish Chandra Mohanty Vs State of U.P. and Another

Shiv Kumar Deepak and Another Vs State of U.P. and Another

Yogesh Kumar Vs State of U.P. and 3 Ors.

Niranjan Lal Vs State of U.P. and 3 Others

Girish Chandra Yadav and Another Vs State of U.P. and Another