Disposed

Ashish Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC9 Jan 2024A482/133/2024

Case brief

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What is this about?

The court referred a dispute between brothers involving a criminal case and a pending civil suit regarding a will to the Court's Mediation Centre, directing the deposit of a security amount and staying coercive action pending mediation.

What did the court decide?

Referred to Mediation Centre; deposit of Rs. 20,000/- directed; stay on coercive action subject to deposit.

Ashish Kumar vs State of U.P. Thru. Prin. Secy. Home Lko… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 133 of 2024

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Applicant :- Ashish Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Moti Chand Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Vakalatnama filed by Sri Gyanendra Pathak, Advocate on behalf of opposite party no.2 is taken on record.

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Heard Sri Moti Chand Yadav, learned counsel for the applicant and Sri Adarsh Kumar Tripathi, Advocate holding brief of Sri Gyanendra Pathak, learned counsel for opposite party no.2 as well as learned AGA for the State.

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The present application u/s 482 Cr.P.C has been filed with prayer to quash the charge sheet in Case Crime No.281 of 2023, under Section 354, 452, 323, 504 IPC, Police Station Risia, District Bahraich and also to set aside the order dated 22.09.2023 passed by learned Civil Judge (Junior Division)/F.T.C. (W), Bahraich in the aforesaid case.

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Contention of learned counsel for the applicant is that the applicant is the real brother of the husband of opposite party no.2 and father of the applicant had executed a will dated 06.01.2022 of the land in favour of the applicant as well as his brother, namely, Manish Kumar. Thereafter, the husband of opposite party no.2 and another brother of the applicant, namely, Satish Pandey had filed a Civil Suit No.2272 of 2023 (Vinod Pandey and Others vs. Manish Kumar and Others) for cancellation of the aforesaid registered will, which is still pending and no interim injunction was granted to the plaintiff.

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It is further submitted that proceeding under Section 145 CrPC and mutation proceedings are pending between the parties and present proceeding was initiated at the instance of brother of opposite party no.2 just to pressurize the applicant.

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As the dispute is between the real brothers and it appears from the record that the main dispute between the parties is regarding a will executed by the father of the applicant and the husband of the opposite party no.2, therefore, it would be appropriate that at the first instance, the matter should be tried and settled through mediation.

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In view of the above, the matter is referred to the Mediation Centre of this Court, subject to the condition that the applicant will deposit a sum of Rs.20,000/- within two weeks from today with the Mediation Centre, out of which Rs.15,000/- shall be paid to the opposite party no.2 on her appearance before the Mediation Centre on a date to be fixed by the Mediation Centre. Balance Rs.5,000/- shall be retained by the Mediation Centre towards its expenses.

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After depositing the aforesaid amount within aforementioned time, notices shall be issued to the parties fixing some date for mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months.

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List this case after three months along with the report of Mediation Centre.

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It is further provided, if applicant files receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicant in Case Crime No.281 of 2023, under Section 354, 452, 323, 504 IPC, Police Station Risia, District Bahraich, till the next date of listing.

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It is also made clear that in case the applicant fails to submit the receipt of the aforesaid deposit before the court below then the court below is free to proceed against the applicant in accordance with law.

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Order Date :- 9.1.2024 Manoj K.

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

Ashish Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Ashish Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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What did the court decide?

What the court decided

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