Disposed

Shanni and 5 Others v. State of U.P. and 2 Others

Allahabad HC22 Feb 2023A482/3250/2022

Case brief

AI extract

What is this about?

The Court referred the applicants and opposite parties to the High Court of Judicature at Allahabad Mediation & Conciliation Centre for mediation in proceedings under Sections 498A, 323, 504, 506 IPC, with a five-forty thousand rupees deposit and a stay on coercive action for six months.

What did the court decide?

Matter referred to Mediation & Conciliation Centre; applicants directed to deposit Rs. 20,000/-; coercive action stayed for six months or until mediation completes.

Shanni and 5 Others Vs State of U.P. and 2 Others — Allahabad HC (2023) — LawSathi Research

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Court No. - 45

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Case :- APPLICATION U/S 482 No. - 3250 of 2022

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Applicant :- Shanni And 5 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A.,Kamlakar Pal,Sushil Kumar Pal

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Pankaj Dwivedi, learned counsel for the applicants, Mr. Sushil Kumar Pal, learned counsel for the informant and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed to quash the charge sheet no.13 of 2021 dated 21.01.2021 and cognizance/summoning order dated 24.03.2021 as well as the entire proceedings of Criminal Case No.13261 of 2021, arising out of Case Crime No.42 of 2020, under Sections 498A, 323, 504, 506 IPC, Police Station-New Agra, District-Agra, pending in the court of learned Chief Judicial Magistrate court, DistrictAgra.

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From perusal of the record, it appears that the applicant no. 1 is are the husband of opposite party no.2 and the applicant nos. 2 to 6 are the family member of applicant no.1.

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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 both the parties that the party may be referred for mediation to the Mediation Centre, High Court, Allahabad.

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

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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.3 calling upon her to appear in the mediation proceedings. The aforesaid amount of Rs.20,000/- shall be released in favour of the opposite party no.3 only on her appearance twice before the

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mediation and conciliation centre on the date fixed.

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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.

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It is, however, provided that after completion of the mediation proceedings, whatever may be 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.

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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.

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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, who shall proceed further in accordance with law.

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It is made clear that in case, the opposite party no.2 does not appear before the Mediation Centre, the money deposited by the applicant(s) payable to opposite party, as per direction of the Court, shall be returned to the applicant(s) on a written application made by him/her.

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

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Order Date :- 22.2.2023 Jitendra/-

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Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Shanni and 5 Others v. State of U.P. and 2 Others

Case brief

What is this about?

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Shanni and 5 Others v. State of U.P. and 2 Others

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