Partly allowed

Saurabh Vishwakarma v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Allahabad HC23 Nov 2024A482/10580/2024

Case brief

AI extract

What is this about?

This respondent-side interim order acknowledges an application for quashing criminal proceedings under 498A IPC and Dowry Prohibition Act. The Court directed the applicant to deposit Rs. 25,000 for mediation and listed the case for determining the parties' consent to settle the matter through the Mediation and Conciliation Center,暂缓 coercive steps pending the next hearing.

What did the court decide?

Stay on coercive steps against the applicant; referral to Mediation and Conciliation Center subject to consent and a deposit of Rs. 25,000.

Saurabh Vishwakarma vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 10580 of 2024

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Applicant :- Saurabh Vishwakarma Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Sant Vijay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Sant Vijay Singh, learned counsel for the applicant and Sri Rajesh Bahadur Singh, learned AGA for opposite party no.1.

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Issue notice to opposite party no. 2 returnable at an early date.

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Steps within a week.

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Office to proceed accordingly.

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By means of this petition, the applicant has prayed for quashing the summoning order dated 15.7.2024 passed by the Additional Chief Judicial Magistrate-VI, Raebareli, including the entire criminal proceeding of Criminal Complaint No. 20970 of 2023 "Shalini Sharma vs. Saurabh Vishwakarma & others" u/s 498A, 323, 504, 506 IPC, & 3/4 of Dowry Prohibition Act, P.S. Lalganj, District Raebareli, pending in the court of Additional Chief Judicial Magistrate-VI, Raebareli as contained in Annexure no. 1 & 2 respectively, so far as it relates to the applicant.

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Learned counsel for the petitioner has submitted that the issue in question may be settled amicably through Mediation and Conciliation Center of this Court, therefore, the matter may be referred to the Mediation and Conciliation Center of this Court. Before sending the matter to the Mediation and Conciliation Center, consent of the parties would be required.

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Petitioner is directed to deposit Rs. 25,000/- before the Mediation and Conciliation Center of this Court within 15 days from today.

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Therefore, list this case on 16.12.2024 as fresh.

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On the said date, applicant and opposite party no. 2 shall appear in person before this Court to apprise as to whether they are agreeable for settling the issue through Mediation and Conciliation Center of this Court.

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Station House Officer, P.S. Lalganj, District Raebareli shall inform this order to opposite party no. 2.

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The AGA shall inform this order to the S.H.O., P.S. Lalganj, District Raebareli telephonically, e-mail/ any other convenient mode for its compliance.

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Till the next date of listing, no coercive steps shall be taken against the present applicant in the Criminal Complaint No. 20970 of 2023 "Shalini Sharma vs. Saurabh Vishwakarma & others" u/s 498A, 323, 504, 506 IPC, & 3/4 of Dowry Prohibition Act, P.S. Lalganj, District Raebareli.

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[Rajesh Singh Chauhan, J.]

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Order Date :- 23.11.2024 Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Saurabh Vishwakarma v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

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Saurabh Vishwakarma v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

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