Partly allowed

Himanshu Sunilkumar Dubey v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Allahabad HC2 Dec 2024A482/10893/2024

Case brief

AI extract

What is this about?

The Court disposed of an application under Section 482 Cr.P.C. for quashing matrimonial proceedings. Recognizing the possibility of mediation, the Court recalled the summoning order for the applicant, mandated mediation, and required a security deposit for the stay.

What did the court decide?

Stay on the impugned order dated 14.03.2024; matter listed for 17.01.2025 for mediation; applicant directed to deposit Rs.40,000/-.

Himanshu Sunilkumar Dubey vs State of U.P. Thru… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 10893 of 2024

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Applicant :- Himanshu Sunilkumar Dubey Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajai Kumar Srivastava-I,J.

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Heard Sri Amit Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State.

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The instant application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Criminal Complaint Case No.12969 of 2023, under Sections 498A, 323, 504, 506 I.P.C. and Sections 3/4 D.P. Act, Police Station Kotwali Nagar, District Sultanpur as well as impugned summoning order dated 14.03.2024.

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Learned counsel for the applicant has submitted that the applicant happens to be the husband of opposite party no.2 and they have serious matrimonial discord between them, due to which, the applicant has been falsely implicated in the present case on the basis of false and concocted facts. His further submission is that there appears a fair possibility of resolution of their dispute through the process of mediation.

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Learned A.G.A. has vehemently opposed the prayer, however, he could not dispute the aforesaid factual submission advanced by learned counsel for the applicants.

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Having regard to the nature of dispute between the parties, there appears a fair possibility of resolution of their dispute through the process of mediation. Accordingly, list this matter on 17.01.2025 , on which date, the applicant and opposite party no.2 shall appear in person before this Court.

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Notice on behalf of the State has been accepted by learned A.G.A.

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

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Steps be taken within one week.

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Applicant shall deposit an amount of Rs.40,000/- within three weeks from today before the Senior Registrar of this Court.

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Till the next date of listing, the impugned order dated 14.03.2024 and any process issued pursuant thereto, shall not be given effect to qua the present applicant only.

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It is made clear that in case of default in depositing the amount by the applicant as directed above or on nonappearance of the applicant before this Court on the next date, the interim order shall stand automatically vacated without any further reference to this Court.

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(Ajai Kumar Srivastava-I, J.)

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Order Date :- 2.12.2024 A.Dewal

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Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench

Himanshu Sunilkumar Dubey v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Case brief

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Himanshu Sunilkumar Dubey v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

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