Disposed

Ashfee Khatoon and Another v. State of U.P. Thru. Prin. Secy. Home, Lucknow, U.P. and Another

Allahabad HC9 Feb 2024A482/1223/2024

Case brief

AI extract

What is this about?

In an application under Sec. 482 Cr.P.C. seeking stay of proceedings and mediation, the High Court, after verifying party consent, referred the matter to the Mediation & Conciliation Centre and directed a mediation session date.

What did the court decide?

Referred the case to the Mediation & Conciliation Centre for mediation; granted a stay on criminal proceedings until further orders. Listed matter for mediation on 04.04.2024 and expiry of the four-mo

Ashfee Khatoon and Another vs State of… — Contract and Commercial Disputes | Allahabad HC (2024)

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Court No. - 11 Case :- APPLICATION U/S 482 No. - 1223 of 2024 Applicant :- Ashfee Khatoon And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow, U.P. And Another Counsel for Applicant :- Manjusha Kapil Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard.

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2. Sri Kapil Gupta, learned counsel has put in appearance on behalf of opposite party No.2 and filed Vakalatnama, the same is taken on record.

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3. This Court has passed the order dated 09.02.2024, which reads as under:-

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"1. Heard learned counsel for the petitioners and learned Additional Government Advocate for the State-respondents.

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2. Issue notice to opposite party No.2 returnable at an early date, for which, necessary steps be taken within a week.

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3. Office to proceed accordingly.

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4. By means of this petition filed under Section 482 Cr.P.C., the petitioners have prayed for staying the further proceeding of Crime no.486 of 2023, State of U.P. vs. Ashfee Khatoon, under sections 452/323/506/427 of I.P.C., Police Station-Fatehpur, District-Barabanki, which is pending in the Court of Chief Judicial Magistrate, Court no.18, Barabanki.

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5. Learned counsel for the petitioner has stated that the impugned F.I.R. is an outcome of a quarrel and this dispute may be settled amicably through the process of mediation in the Mediation & Conciliation Centre of this Court, therefore, the matter may be referred to the Mediation & Conciliation Centre of this Court.

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6. It is trite law that without seeking consent of the parties concerned, the matter may not be sent to the Mediation & Conciliation Centre for mediation.

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7. List this case on 11.03.2024. On that date, petitioners (Ashfee Khatoon and Saleem @ Rukhasaar) and the opposite party No.2 (Shri Mashkoor Ahmad Ansari) shall appear in person before this Court to apprise the Court as to whether they are willing to settle their dispute amicably through mediation.

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8. Till the next date of listing, proceedings of Case Crime no.486 of 2023, State of U.P. vs. Ashfee Khatoon,under sections 452/323/506/427 of I.P.C., Police Station-Fatehpur, District-Barabanki, pending in the Court of Chief Judicial Magistrate, Court no.18, Barabanki shall remain stayed.

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9. Despite the notice being issued to the opposite party No.2, the Station House Officer, Police Station-Fatehpur, District-Barabanki shall inform about order passed by this Court to the opposite party No.2 and ensure his presence before this Court on the date fixed.

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10. The learned Additional Government Advocate shall apprise the Station House Officer concerned about the order passed by this Court telephonically or any other mode of service for its compliance."

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4. In compliance of the aforesaid order, the petitioners and the opposite party No.2 are present in person before the Court. The Sub-Inspector, Sri Awadhesh Tiwari, Police Station-Fatehpur, District-Barabanki has ensured the presence of opposite party No.2 before the Court.

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5. The parties, who are present before the Court, have stated that they are willing to settle their dispute through mediation before the Mediation & Conciliation Centre of this Court, therefore, the matter may be referred to such Centre for mediation.

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6. Considering the aforesaid request of the parties as well as their learned counsels, it is directed that the parties shall remain present before the Mediation & Conciliation Centre of this Court on 04.04.2024. The first date of session would be on 04.04.2024. Both the parties shall co-operate in the mediation proceedings properly.

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7. It is expected that the aforesaid mediation shall be conducted and concluded with expedition preferably within a period of four months from the date of its first session. Thereafter, the Mediator(s) shall submit its report before this Court.

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8. List this after expiry of the aforesaid period along with report of the Mediator(s).

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9. The interim order, if any, granted earlier shall continue till the next date of listing.

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10. When the case is next listed, name of Sri Kapil Gupta, Advocate be printed in the cause list as counsel for the opposite parties.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 11.3.2024 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Ashfee Khatoon and Another v. State of U.P. Thru. Prin. Secy. Home, Lucknow, U.P. and Another

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Ashfee Khatoon and Another v. State of U.P. Thru. Prin. Secy. Home, Lucknow, U.P. and Another

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