Remanded

Rajat Sharma and 4 Others v. State of U.P. and 2 Others

Allahabad HC9 Jun 2022CRLP/6974/2022

Case brief

AI extract

What is this about?

High Court of Judicature at Allahabad fixed Rs. 75,000/- as deposit for mediation in a criminal writ petition involving matrimonial dispute. Court directed remission to Mediation Centre and restrained respondents from arresting petitioners pending mediation.

What did the court decide?

Matter remitted to Mediation Centre; Rs. 75,000/- deposit directed; respondents restrained from arrest pending cooperation.

Rajat Sharma and 4 Others Vs State of U.P. and 2… — Matrimonial and Divorce | Allahabad HC (2022)

¶1

Court No. - 74

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 6974 of 2022

¶3

Petitioner :- Rajat Sharma And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamal Kaushal Upadhyay,Dur Vijay Singh

¶4

Counsel for Respondent :- G.A.

¶5

Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.

¶6

The petitioners, by means of this writ petition under Article 226 of the Constitution of India, are before this Court with a prayer to quash the impugned First Information Report dated 10.5.2022 registered as Case Crime No. 429 of 2022, under Sections 323, 354 (Kha), 506, 498-A, 377 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Kwarsi, DistrictAligarh.

¶7

Heard learned counsel for the petitioners and the learned A.G.A. for the State respondents.

¶8

It is submitted by learned counsel for the petitioners that the present matter relates to matrimonial dispute, which may be amicably settled by way of mediation and conciliation, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court.

¶9

In view of the above, it is directed that petitioners shall deposit a sum of Rs. 75,000/- within three weeks from today with the Mediation Centre of this Court, out of which Rs. 70,000/- shall be paid to the respondent no. 3 by way of demand draft in her favour on the date fixed for her appearance before the Mediation Centre and further demand draft of Rs. 5000/- made in favour of 'Allahabad High Court Mediation and Conciliation Centre' shall be deposited with the Mediation Centre and the same may be retained by the Mediation Centre as mediation fee.

¶10

The matter is remitted to the Mediation Centre with the direction that after deposit of such amount, by the petitioners, it shall issue notice to the parties fixing some date for mediation and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months.

¶11

List after expiry of aforesaid period before the appropriate Bench along with the report of Mediation Centre.

¶12

Till the next date of listing, respondents are restrained to arrest the petitioners pursuant to the impugned F.I.R. subject to cooperation in the on-going investigation.

¶13

It is made clear that in case there occurs default by the petitioners either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter.

¶14

Order Date :- 9.6.2022 A.K.Srivastava

¶15

Digitally signed by ARUN KUMAR SRIVASTAVA Date: 2022.06.09 15:51:34 IST Reason: Location: High Court of Judicature at Allahabad

Rajat Sharma and 4 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Rajat Sharma and 4 Others v. State of U.P. and 2 Others

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

Allahabad Up Gramin Bank and 2 Others Vs Sandeep Singh

Smt.Kalawati Devi Vs State of U.P. and 3 Others

Ambuj Mishra Vs State of U.P. and 6 Others

Kusum Tiwari Vs State of U.P. and 8 Others

Ambuj Srivastava Vs State of U P and 5 Others

Sandeep Chauhan Vs State of U.P. and 3 Others