Disposed

Deepak Prajapati and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC24 Jul 2024A482/1063/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash matrimonial proceedings. Court referred matter to Mediation and Conciliation Centre. Applicant to deposit Rs. 30,000; Rs. 25,000 to wife. Mediation report due by 24.07.2024. Interim stay extended.

What did the court decide?

Matter referred to Mediation Centre; Rs. 30,000 deposit ordered; interim stay extended pending mediation outcome.

Deepak Prajapati and 2 Others Vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 16

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Case :- APPLICATION U/S 482 No. - 1063 of 2024

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Applicant :- Deepak Prajapati And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Surendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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In compliance of order dated 06.02.2024, the applicant No.1Deepak Prajapati is present before this Court and he has been identified by this Counsel Sri Surendra Singh, but the opposite party No.2 is not present.

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Heard Sri Surendra Singh, learned counsel for the applicant and Sri Nirmal Kumar Pandey, learned A.G.A for the State.

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This petition under Section 482 Cr.P.C. has been filed by the petitioners with the prayer to quash the entire proceedings of Criminal Case No. 32 of 2022; State Vs. Deepak Prajapati and others; arising out of Chargesheet No. 01 of 2021 dated 03.10.2021 in pursuance of Case Crime No./FIR no. 184 of 2021, under Sections 498-A, 323, 506, 427 IPC and Section 3/4 of D.P. Act, Police Station Dostpur, District Sultanpur as well as summoning order dated 04.01.2022 and bailable warrant dated 04.03.2023 issued by Additional Chief Judicial Magistrate-III, Court no. 19, Sultanpur, contained as Annexure nos. 1 and 2 to the petition.

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Submission of learned counsel for the applicant is that the matter relates to matrimonial dispute and the applicant has all the intentions to settle the same amicably. In order to show their bona fide the applicants is ready to deposit Rs.30,000/- to be handed over to the wife on her first appearance. Applicants' 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, Allahabad High Court, Lucknow. The applicant will deposit Rs.30,000/- within two weeks from today

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at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties. Out of the same, Rs. 25,000/- shall be handed over to the wife on her first appearance with regard to her maintenance and minimum expenses. It is further provided that Rs. 5,000/- will remain deposited with the Mediation and Conciliation Centre, Allahabad High Court, Lucknow.

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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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List this case before the appropriate Bench along with report of the mediator on 24.07.2024.

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Interim order, granted earlier, is extended till the next date of listing.

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It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the applicant in the mediation proceedings, the interim stay order shall stand automatically vacated.

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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 :- 5.3.2024

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Arvind

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Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Deepak Prajapati and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Deepak Prajapati and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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