Disposed

Ebarar and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC25 Nov 2024A482/10674/2024

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC seeking quashing of criminal proceedings for offences under Section 498A IPC and Dowry Prohibition Act, the Court referred the matter to the Mediation and Conciliation Centre. The applicants were directed to deposit Rs. 35,000 within two weeks, with an interim stay on proceedings granted pending the mediation outcome.

What did the court decide?

Referred for mediation; interim stay on proceedings granted conditionally; directed to deposit Rs. 35,000.

Ebarar and 3 Others vs State of U.P. Thru. Prin… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 12 Case :- APPLICATION U/S 482 No. - 10674 of 2024 Applicant :- Ebarar And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Rahul Mishra,Kailash Nath Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicants as well as the learned AGA for the State and perused the record.

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The present application has been filed by the applicants seeking following main relief(s):-

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"The petitioners above named most respectfully beg to submit that for the facts, reasons and circumstances stated in accompanying affidavit this Hon'ble Court the may kindly be pleased to quash the entire Criminal Proceeding of Criminal Case No. 34333 of 2023, State Vs. Mobin & others, including Charge-Sheet & Order of Cognizance/Summoning Order Dated- 31/03/2023 passed by the Learned Additional Chief Judicial Magistrate Ist Lucknow arising out of Case Crime No. 250/2021, Under Sections- 498A, 323, 506, 494 I.P.C. & 3/4 of Dowry Prohibition Act, Police Station-Qaiser Bagh, District-Lucknow, pending in the Court of Learned Additional Chief Judicial Magistrate Ist Lucknow in the interest of Justice."

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Learned counsel for the applicants stated that the applicants are ready to settle the dispute amicably by way of mediation, as such, the matter may be referred to Mediation and Conciliation Centre of this Court so as to carve possibility of amicable settlement of dispute between the parties and to show the bonafide, he says that the applicants are ready to deposit an amount to the tune of Rs. 35,000/- before Mediation and Conciliation Centre of this Court.

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In view of above, it is provided that the matter be placed before Mediation and Conciliation Centre of this Court on 03.01.2025. The applicants shall deposit an amount of Rs. 35,000/before the Mediation and Conciliation Centre of this Court within two weeks' from today, which shall be released in favour of the opposite party No. 2 forthwith.

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It is made clear that the time provided for depositing the aforesaid amount would not be extended any further.

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Issue notice to the opposite party No. 2. Steps in this regard be taken within four working days.

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List/put up this case before this Court on 24.02.2025 alongwith mediation report.

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Till the next date of listing, the proceedings in issue shall remain stayed qua the applicants.

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In case, the amount aforesaid is not deposited and steps are not taken by the applicants within the specified time, the interim protection granted by this Court shall not be available to the applicants.

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It is also made clear that if the mediation/settlement fails, the interim order would be extended only after hearing the learned counsel for the applicants on merits.

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Order Date :- 25.11.2024 Arun/-

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Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Ebarar and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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Ebarar and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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What did the court decide?

What the court decided

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