Single judge upheld the FIR under Domestic Violence Act and passed an order listing the case on 18.12.2024 for mediation, staying the impugned orders pending deposit of security.
Stayed the effect of impugned orders; directed deposit of Rs.1,00,000/- by applicant no.1.
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Court No. - 14
Case :- APPLICATION U/S 482 No. - 11143 of 2024
Applicant :- Lalit Mohan And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Of Home Deptt. Lko. And Another Counsel for Applicant :- Sharavan Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. At the outset, learned counsel for the applicants is permitted to delete prayer no.2 in the memo of application, during the course of the day.
3. The instant application under Section 482 Cr.P.C. has been filed for quashing the recovery order dated 26.11.2024 and also quash the exparte order dated 11.07.2024 passed by Civil Judge (J.D.), F.T.C., New Woman Court, Lakhimpur Kheri in Complaint Case No.1827 of 2023, under Section 12 D.P. Act.
4. Learned counsel for the applicants has submitted that the applicant no.1 happens to be the husband of opposite party no.2 and they have serious matrimonial discord between them. His further submission is that there appears a fair possibility of resolution of their dispute through the process of mediation.
5. 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.
6. 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 18.12.2024.
7. Notice on behalf of the State has been accepted by learned A.G.A.
8. Issue notice to the opposite party no.2 returnable at an early date.
9. Steps be taken within one week.
10. Applicant no.1 shall deposit an amount of Rs.1,00,000/- within a week from today before the Senior Registrar of this Court.
11. Till the next date of listing, the impugned orders dated 26.11.2024 and 11.07.2024 and any process issued pursuant thereto, shall not be given effect to qua the present applicants only.
12. It is made clear that in case of default in depositing the amount by the applicant no.1, as directed above, the interim order shall stand automatically vacated without any further reference to this Court.
(Ajai Kumar Srivastava-I, J.)
Order Date :- 10.12.2024 A.Dewal
Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the instant application under Section 482 Cr.P.C. for quashing the recovery order and ex parte order should be allowed in light of the possibility of mediation.
Whether interim protection is necessary to stay the effect of impugned orders pending further proceedings.
Whether the applicant is required to deposit security to maintain the interim stay.
4 provisions across 4 enactments
Lalit Mohan And Others
Ajai Kumar Srivastava
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
