Disposed

Chandrawati Singh and 2 Others v. State of U.P. Thru. Its Prin. Secy. Home and Another

Allahabad HC18 Dec 2024A482/11637/2024

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC, the Allahabad High Court ordered a stay on criminal proceedings in a dowry case. The court directed mediation and required the petitioner to deposit Rs. 50,000 to release funds to the respondent wife.

What did the court decide?

Stay of proceedings; reference to mediation centre; deposit of Rs. 50,000 by petitioner within ten days.

Chandrawati Singh and 2 Others vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 11637 of 2024

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Applicant :- Chandrawati Singh And 2 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home And Another Counsel for Applicant :- Satya Prakash Tiwari,Satya Prakash 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 A.G.A. 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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"For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire criminal proceeding of criminal case No 629 of 2024 (State Vs. Shivendra Pratap singh @ Ranjjan and others) arising out from the charge-sheet No. 7/2024 filed under section 498-A, 323,506, I.P.C. read with Section 3/4 Dowry Prohibition Act, 1961 in pursuance to First Information Report No. 0064 Of 2023 registered at P.S. Mahila Thana Ayodhya the opposite party no. 2 against petitioners, upon which the summoning/cognizance order passed on 10.06.24 by the learned court of Additional Civil Judge (Jr Div)- 1/Judicial Magistrate, Ayodhya, alongwith order dated 30.04.2024 whereby the petitioner no.1 and 2 have been summoned during pendency of trial by the learned court below in the interest of justice.

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It is further prayed that the Hon'ble court may kindly be pleased to stay the entire criminal proceeding of criminal case No 629 of 2024 (State Vs. Shivendra Pratap Singh @ Ranjjan and others) arising out from the charge-sheet No. 7/2024 filed under section 498-A, 323,506, L.P.C. readwith Section 3/4 Dowry Prohibition Act, 1961 in pursuance to First Information Report No. 0064 Of 2023 registered at P.S. Mahila Thana Ayodhya the opposite party no. 2 against petitioners, upon which the summoning/cognizance order passed on 10.06.24 by the learned court of Additional Civil Judge (Jr Div)- I/Judicial Magistrate, Ayodhya, alongwith order dated 30.04.2024 whereby the petitioner no.1 and 2 have been summoned during pendency of trial by the learned court below, during the pendency of the aforesaid case."

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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. 50,000/- before Mediation and Conciliation Centre of this Court.

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In view of above, it is provided that the matter be placed

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before Mediation and Conciliation Centre of this Court on 31.01.2025 . The applicants shall deposit an amount of Rs.50,000/- before the Mediation and Conciliation Centre of this Court within ten days from today, which shall be released in favour of the opposite party No.2 forthwith.

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

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List/put up this case before this Court on 10.03.2025 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 :- 18.12.2024 Anand/-

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

Chandrawati Singh and 2 Others v. State of U.P. Thru. Its Prin. Secy. Home and Another

Case brief

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Chandrawati Singh and 2 Others v. State of U.P. Thru. Its Prin. Secy. Home and Another

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