Vishal Kumar Gupta @ Golu and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko and Another

Allahabad HC29 Nov 2024A482/10869/2024

Case brief

AI extract

What is this about?

Application under Section 482 seeking quashing of charge sheet and summoning order in a dowry/cruelty criminal case arising from a matrimonial dispute. Court referred parties to mediation, directed deposit of Rs. 40,000, issued notice to opposite party No. 2, and kept proceedings in abeyance pending mediation report.

What the court decided

AI extract

Vishal Kumar Gupta @ Golu and 2 Others vs State of U.P… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 10869 of 2024

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Applicant :- Vishal Kumar Gupta @ Golu And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko And Another Counsel for Applicant :- Pal Singh Yadav,Ashish Kumar Singh,Prathama Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel appearing for the applicant, learned AGA for the State of U.P. and perused the record.

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The present application has been filed for the following main relief:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet dated 30.10.2023 under section 498A/323/504/506 I.P.C. and Section 3/4 D.P. Act in Criminal Case No. 30995 of 2024; State versus Vishal Gupta others, Crime No. 175 of 2023 Police Station Rahimabad, Lucknow as well as summoning order dated 16.03.2024 passed by learned Special Chief Judicial Magistrate, Lucknow in Case No. 30995 of 2024; State versus Vishal Gupta others, Crime No. 175 of 2023 Police Station Rahimabad, Lucknow in contained in Annexure No. 1 and 2 respectively to this petition, in the interest of justice.

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It is further prayed that the entire proceedings of Case No. 30995 of 2024; State versus Vishal Gupta others, Crime No. 175 of 2023 Police Station Rahimabad, Lucknow pending in the Court of learned Special Chief Judicial Magistrate, Lucknow may kindly be stayed during pendency of instant petition, in the interest of justice."

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Learned Counsel for the applicant submitted that on account of matrimonial dispute, the case was filed by the side opposite and this dispute can be settled by way of mediation. It is also stated that applicant is ready to settle the dispute aforesaid. To show the bonafide learned counsel for the applicant further stated that applicant would deposit an amount to the tune of Rs. 40,000/- within two weeks before the Mediation and Conciliation Centre of this Court.

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Considering the submissions advanced by the learned counsel appearing for the applicant including that the dispute between the parties can be settled amicably by way of mediation, this Court finds that the matter requires consideration.

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It is, therefore, provided that the matter be placed before Mediation and Conciliation Centre of this Court on 15.01.2025. The applicant shall deposit an amount of Rs. 40,000/- before the Mediation and Conciliation Centre of this Court, within two weeks, which shall be released in favour of the opposite party

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No. 2

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Issue notice to the opposite party No. 2/Mrs. Arti Gupta, returnable at an early date. Steps in this regard be taken within seven working days.

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List/put up this case before this Court on 27.02.2025 as fresh alongwith mediation report in this regard.

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Till the next date of listing, the proceedings against the applicants shall be kept in abeyance.

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In case, the steps are not taken within time specified or amount aforesaid is not deposited by the applicants within the specified time, the interim protection granted by this Court shall not be available to them. It is also made clear that if the mediation/settlement fails between the parties, the benefit of interim order would not been applicable to the applicants.

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Order Date :- 29.11.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Vishal Kumar Gupta @ Golu and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko and Another

Case brief

What is this about?

What the court decided

Vishal Kumar Gupta @ Golu and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko and Another

Case brief

What is this about?

What the court decided

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