Disposed

Mo. Harun @ Tiger v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC14 Aug 2024A227/3825/2024

Case brief

AI extract

What is this about?

In this Article 227 writ petition, the petitioner sought to direct quashing of Section 125 Cr.P.C. proceedings pending before the Family Court and refer the dispute to mediation. The High Court found the matter amenable to resolution through mediation, referred it to the Mediation and Conciliation Centre, stayed the proceedings subject to a deposit, and directed that the petitioner deposit Rs. 30,

What did the court decide?

Writ petition allowed; matter referred to Mediation Centre; proceedings stayed subject to deposit of Rs. 30,000 by the petitioner.

Mo. Harun @ Tiger vs State of U.P. Thru. Prin… — Service and Employment | Allahabad HC (2024)

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Court No. - 16

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Case :- MATTERS UNDER ARTICLE 227 No. - 3825 of 2024

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Petitioner :- Mo. Harun @ Tiger Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Petitioner :- Ravindra Shukla Counsel for Respondent :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Ravindra Shukla, learned counsel for the petitioner, Sri Ashok Kumar Singh, learned A.G.A.-I for the State and perused the record.

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The petitioner in the instant petition is seeking a direction in the nature of certiorari to quash the proceeding of impugned Case No.397 of 2022 "Rubeena Khatoon Vs. Mo. Haroon @ Tiger", under Section 125 Cr.P.C. related to Police Station Hanswar, District Ambedkar Nagar pending before the learned Principal Judge, Family Court, Ambedkar Nagar.

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Submission of learned counsel for the petitioner is that the matter relates to matrimonial dispute and the petitioner has all the intentions to settle the same amicably. Petitioner's counsel strenuously urged that this case may be referred to the Mediation Centre of this Court so that the couple may have a chance to settle their dispute on their own terms through mediation.

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The Court is also satisfied on the basis of the record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through process of mediation and an attempt ought to be made to explore that possibility.

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Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court, Lucknow. Learned counsel for the petitioner will submit the copy of the present petition alongwith affidavit within three weeks from today at the Mediation and Conciliation Centre and the Mediation and Conciliation Centre will issue notice to both the parties within a week thereafter fixing date in the case. The mediator is allowed two months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.

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Put up this case on 25.10.2024 before appropriate Bench along

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with report of the mediator.

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Till the next date of listing, the proceedings of the aforesaid case i.e. Case No.397 of 2022 "Rubeena Khatoon Vs. Mo. Haroon @ Tiger", under Section 125 Cr.P.C. related to Police Station Hanswar, District Ambedkar Nagar pending before the learned Principal Judge, Family Court, Ambedkar Nagar shall remain stayed in respect of the petitioner subject to the deposition of Rs.30,000/- as expenditure within three weeks by way of a bank draft to the Mediation Centre. It is directed that out of Rs.30,000/- deposited by the petitioner, Rs.25,000/- shall be handed over to the opposite party no.2 on her first appearance and Rs.5,000/- shall be kept by the Mediation Centre.

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This case shall not be treated as tied up or part heard with this Bench.

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Order Date :- 14.8.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Mo. Harun @ Tiger v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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Mo. Harun @ Tiger v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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