Disposed

Anuj Kumar and 3 Others v. State of U.P. and Another

Allahabad HC14 Jul 2022A482/8543/2022

Case brief

AI extract

What is this about?

Hospitality filed an application to quash summons and proceedings in a domestic dispute case. Instead of quashing directly, this Court directed the parties to attempt mediation. The Court ordered that no coercive steps be taken for five months if mediation is initiated.

What did the court decide?

Application disposed of by directing parties to attempt mediation in lower court for a period of five months; no coercive steps to be taken if mediation application filed.

Anuj Kumar and 3 Others Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2022)

¶1

Court No. - 83

¶2

Case :- APPLICATION U/S 482 No. - 8543 of 2022

¶3

Applicant :- Anuj Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Kumar Yadav,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.

¶4

Hon'ble Gautam Chowdhary,J.

¶5

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶6

This application has been filed with a prayer to quash the impugned summoning order dated 14.12.2021 passed by Judicial Magistrate, Auraiya as well as entire proceeding of Complaint Case No.578 of 2020 (Smt. Sushma Devi vs. Anuj Kumar and others) under Sections 498A, 323, 504 IPC and Section 3/4 DP Act, pending in the Court of Learned Judicial Magistrate, Auraiya.

¶7

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.

¶8

In such circumstances, it is directed that the applicants 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.

¶9

For a period of five months, no coercive steps shall be taken against the applicants in the above mentioned case.

¶10

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.

¶11

With the above observation, this application is disposed of.

¶12

Order Date :- 14.7.2022 Deepika

¶13

Digitally signed by DEEPIKA SINGH Date: 2022.07.16 15:31:53 IST Reason: Location: High Court of Judicature at Allahabad

Anuj Kumar and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Anuj Kumar and 3 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

Parties & counsel

Coram

Case details

Similar cases

Vinay Kumar Shahi Vs State of U.P. and Another

Smt. Manju Devi and 4 Others Vs State of U.P. and Another

Aman Soni Vs State of U.P. and Another

Shivam Yadav and 2 Others Vs State of U.P. and 2 Others

Girand Kumar and 2 Others Vs State of U.P. and Another

Vijay Kumar Chaudhary and 5 Others Vs State of U.P. and Another