Disposed¶11

Smt Suneeta and Another v. State of U.P. and Another

Allahabad HC13 Feb 2023A482/5112/2023

Case brief

AI extract

What is this about?

Section 482 quashing application disposed of via mediation referral; matrimonial dispute; summoning order dated 16.08.2022; Complaint Case No. 657 of 2021; Rajendra Kumar Vs. Suneeta and Others; Section 380 I.P.C.; Police Station Jariya; District Hamirpur; Judicial Magistrate Rath; no coercive steps for five months; mediation centre to decide within four months; liberty to approach High Court on success of mediation; interim protection; amicable settlement.

What did the court decide?

Application disposed of by directing the parties to seek settlement through mediation before the court below (mediation centre to decide within four months); interim protection from coercive steps against the applicants for five months; court below free to proceed if mediation fails, and applicants free to approach the High Court if mediation succeeds.

Smt Suneeta and Another Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the summoning order dated 16.08.2022 and the entire proceedings of Complaint Case No. 657 of 2021 under Section 380 I.P.C. should be quashed. +1 more

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Ratio / Principle

Both parties are directed to appear before the court below and file an application for settling the dispute through mediation.

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Key takeaways

On such an application being filed, the court concerned shall pass an appropriate order within a week from the date of filing.ratio¶8
The mediation centre will decide the matter within a period of four months.ratio¶8
No coercive steps shall be taken against the applicants in the above mentioned case for a period of five months.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Shiv Shanker Prasad, J.) disposed of an application under Section 482 (No. 5112 of 2023) seeking quashing of the summoning order dated 16.08.2022 and the entire proceedings of Complaint Case No. 657 of 2021 (Rajendra Kumar Vs. Suneeta and Others) under Section 380 I.P.C., Police Station Jariya, District Hamirpur, pending before the Judicial Magistrate Rath, District Hamirpur. Noting that the dispute between the parties was matrimonial and that there were chances of amicable settlement, the Court directed both parties to appear before the court below and file an application for settling the dispute through mediation; the court concerned was to pass an appropriate order within a week of such filing, and the mediation centre was to decide the matter within four months. For a period of five months, no coercive steps were to be taken against the applicants. If mediation failed, the court below was to be free to proceed against the applicants; if it succeeded, the applicants were to be free to approach the High Court. The quashing prayer was not decided on merits.

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 5112 of 2023

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Applicant :- Smt Suneeta And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Singh,Shriyansh Singh 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 summoning order dated 16.08.2022 as well as entire proceedings of Complaint Case No. 657 of 2021 (Rajendra Kumar Vs. Suneeta and Others), under Section 380 I.P.C., Police Station Jariya, District Hamirpur, pending before the Judicial Magistrate Rath, District Hamirpur.

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The contentions raised by the applicants' counsel is that there is a matrimonial dispute in between the parties. There are chances of amicable settlement between the parties. Applicant's 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 :- 13.2.2023 Abhishek Singh

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

Smt Suneeta and Another v. State of U.P. and Another

Case brief

What is this about?

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Smt Suneeta and Another v. State of U.P. and Another

Case brief

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What the court decided

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