Disposed

Raj Kamal and 7 Others v. State of U.P and Another

Allahabad HC24 Mar 2023A482/43561/2022

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC seeking quashment of proceedings under Sections 498A IPC, Section 323 IPC and DV Act, the single judge directed the parties to appear before the lower court for mediation. The court directed the lower court to pass an order for mediation within a week and stay coercive measures for five months pending the outcome.

What did the court decide?

Stay of coercive measures for five months; direction to lower court to facilitate mediation; proceedings to continue in lower court if mediation fails.

Raj Kamal and 7 Others Vs State of U.P and Another — Domestic Violence | Allahabad HC (2023)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 43561 of 2022

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Applicant :- Raj Kamal And 7 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,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 cognizance order dated 29.10.2022 as well as entire proceedings of Case No. 13056 of 2022 (State Vs. Rajkamal and others), arising out of Case Crime No. 764 of 2021, under Sections 498A, 323 I.P.C. and Section 3/4 D.P. Act, Police Station Tajganj, District Agra, pending in the court of Chief Judicial Magistrate, Agra.

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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 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.

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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 :- 24.3.2023 Abhishek Singh

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Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad

Raj Kamal and 7 Others v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

Raj Kamal and 7 Others v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

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