Disposed

Sunita and 5 Others v. State of U.P. and Another

Allahabad HC3 Apr 2023A482/6207/2023

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 Cr.P.C. application to quash a summoning order in a criminal case. The Court directed the case for mediation between the parties, who are related by blood, and stayed coercive action for two months pending the mediation report.

What did the court decide?

The matter was referred to mediation; coercive action stayed for two months; fresh Section 482 application allowed if mediation fails.

Sunita and 5 Others Vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 6207 of 2023

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Applicant :- Sunita And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard the learned counsel for the applicants, learned A.G.A. for the State as well as perused the material available on record.

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This application under Section 482 Cr.P.C. has been filed to quash the summoning order dated 18.11.2022 passed by Additional Chief Judicial Magistrate, Court No. 2, Aligarh, in Complaint Case No. 647 of 2019, (Ramesh Chandra Vs. Sunita and others), under Section 452, 323, 506 & 427 I.P.C., Police Station- Sasnigate, District- Aligarh.

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At present, prima facie, it does appear that the present criminal proceedings do arise out of the money between the parties, as applicant is real brother of opposite party no.2. Therefore, it appears, if the parties were to be offered assistance of mediation, they may be able to resolve their differences and bring an end to all disputes and differences between them, amicably.

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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 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. If bail application is filed by the applicants, the same shall be considered and decided in accordance with law.

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It is however provided that in case the mediation fails, the applicants 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 of.

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Order Date :- 3.4.2023 Anurag/-

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Digitally signed by :- ANURAG JAISWAL High Court of Judicature at Allahabad

Sunita and 5 Others v. State of U.P. and Another

Case brief

What is this about?

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Sunita and 5 Others v. State of U.P. and Another

Case brief

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