Disposed

Kaptan Singh and 5 Others v. State of U.P. and Another

Allahabad HC8 Jul 2022A482/9179/2022

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC seeking quashing of proceedings for offences under Sections 498A IPC and Dowry Prohibition Act, the High Court of Judicature at Allahabad referred the matter to the court below for mediation pending settlement.

What did the court decide?

Mediation referred; coercive measures stayed for five months subject to mediation outcome.

Kaptan Singh and 5 Others Vs State… — Constitutional and Fundamental Rights | Allahabad HC (2022)

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Court No. - 83 Case :- APPLICATION U/S 482 No. - 9179 of 2022 Applicant :- Kaptan Singh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Chandra Solanki 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 proceedings of Complaint Case No. 63 of 2021 (Neeru Devi Vs. Kaptan Singh and others) under Sections 498A, 323 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Etawah pending before learned Civil Judge (J.D.) FTC/Judicial Magistrate (Cruelty Against Women), District Etawah.

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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 the applicant shall appear before the court below and moves 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 :- 8.7.2022/S.Ali

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Digitally signed by SHAUKAT ALI Date: 2022.07.13 10:30:52 IST Reason: Location: High Court of Judicature at Allahabad

Kaptan Singh and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Kaptan Singh and 5 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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