Disposed

Sajid Khan and 3 Others v. State of U.P. and Another

Allahabad HC14 Mar 2023A482/43817/2022

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of proceedings for matrimonial disputes, the Court ordered referral to mediation with conditions including a deposit. A stay on coercive action was granted for two months or until mediation report submission.

What did the court decide?

Matter referred for mediation upon Rs. 5,000 deposit; stay on coercive action for two months.

Sajid Khan and 3 Others Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 43817 of 2022

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Applicant :- Sajid Khan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Deepak Kumar Srivastava, learned counsel for the applicant and Mr. K.P. Pathak, learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings of Complaint Case No. 2310 of 2018 (Shahana Vs. Sajid Khan and others) under Section 498A, 323 IPC and 3/4 D.P. Act, P.S. Tilhar, District Shahjahanpur.

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Learned counsel for the applicants submits that dispute between the parties is a matrimonial 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 matter may be referred for mediation to the Mediation Centre.

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In view of the aforesaid, no useful purpose would be served by keeping the proceedings of the aforesaid case pending before this Court. The applicants are directed to deposit a sum of Rs. 5,000/by way of Demand Draft / pay order in the name of opposite party no.2 before the court below within a period of two weeks from today.

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After deposit of the aforesaid amount, the court concerned shall immediately send a notice to the opposite party no.2 calling upon her to participate in the mediation proceedings. The said amount of Rs.5,000/- shall be payable to the opposite party no.2 on his appearance before the court concerned.

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The Court below is directed to refer the parties to the committee constituted for mediation at District concerned within a period of 15 days from the date of receipt of the certified copy of this order.

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The mediation centre shall submit its report within one month from the date of receipt of the case before the learned Magistrate.

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For a period of two months from today or till the submission of the report by the mediation centre, no coercive action shall be taken against the applicants.

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It is, however, provided that in case the mediation fails, the applicant shall be at liberty to file a fresh application under Section 482 Cr.P.C.

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With the aforesaid observations, this application under Section 482 Cr.P.C., stands disposed off.

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Order Date :- 14.3.2023 Arti

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Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad

Sajid Khan and 3 Others v. State of U.P. and Another

Case brief

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Sajid Khan and 3 Others v. State of U.P. and Another

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