Arun Kumar and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2022)

Arun Kumar and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2022)

What the court decided

AI extract

Outcome

Application disposed of on the applicants' mediation request: both parties to appear before the court below and file a mediation application (court below to pass appropriate order within a week; mediation centre to decide within four months); no coercive steps against the applicants for five months; if mediation fails the court below may proceed, and if it succeeds the applicants may approach this Court. The quashing prayer itself was not decided.

Issue for consideration

Whether the proceedings of Complaint Case No. 31 of 2021 under Sections 498A, 323, 504, 506 I.P.C. and Section 4 of Dowry Prohibition Act, and the summoning order dated 30.11.2021, ought to be quashed. +1 more

Ratio / Principle

Both parties were directed to appear before the court below and file an application for settling the dispute through mediation; the court concerned to pass an appropriate order within a week of such filing, and the mediation centre to decide the matter within a period of four months.

Key takeaways

No coercive steps shall be taken against the applicants in the above mentioned case for a period of five months.ratio¶10
In case the mediation process between the parties fails, the court below shall be free to proceed further with the matter against the applicants; in case mediation succeeds, the applicants shall be free to approach this Court.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Gautam Chowdhary, J.), Application U/S 482 No. 8727 of 2022, disposed of on 20.4.2022. Applicants (Arun Kumar and 2 others) sought quashing of Complaint Case No. 31 of 2021 (Smt. Ankita Prasad Vs. Amit Kumar and others) under Sections 498A, 323, 504, 506 I.P.C. and Section 4 of Dowry Prohibition Act, P.S. Kotwali Mughal Sarai, District Chandauli, and of the summoning order dated 30.11.2021 of the Civil Judge (Junior Division)/FTC (I), Chandauli, contending the dispute was capable of amicable settlement. The Court did not decide the quashing prayer: it directed both parties to appear before the court below and file a mediation application (court below to act within a week; mediation centre to conclude within four months), stayed coercive steps against the applicants for five months, and directed that on failure of mediation the court below may proceed further, while on success the applicants may approach this Court.

Court No. - 86

Case :- APPLICATION U/S 482 No. - 8727 of 2022

Applicant :- Arun Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Singh,Satya Prakash Rai

Counsel for Opposite Party :- G.A.

Hon'ble Gautam Chowdhary,J.

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

This application has been filed with a prayer to quash the proceedings of Complaint Case No. 31 of 2021 (Smt. Ankita Prasad Vs. Amit Kumar and others) under Sections 498A, 323, 504, 506 I.P.C. and Section 4 of Dowry Prohibition Act, Police Station Kotwali Mughal Sarai, District Chandauli pending before learned Civil Judge (Junior Division)/FTC (I), District Chandauli, as well as to quash the summoning order dated 30.11.2021.

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.

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.

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

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 :- 20.4.2022 S.Ali

Digitally signed by SHAUKAT ALI Date: 2022.04.22 17:44:40 IST Reason: Location: High Court of Judicature at Allahabad