Single judge order quashing DV proceedings and referring pending Section 482 Cr.P.C. application to mediation centre alongside another related matrimonial dispute. Court stayed coercive action pending next listing date.
Referred matter to Mediation Centre; stayed coercive action against applicant till next listing.
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HIGH COURT OF JUDICATURE AT ALLAHABAD
(Sl No.7)
Court No. - 79
Case :- APPLICATION U/S 482 No. - 13305 of 2024
Applicant :- Vijendra Singh Alias Brijendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Ram Raj Pandey, learned counsel for the applicant and Sri Uday Bhan, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned order dated 18.10.2023 in Case No.1793 of 2022 (Regd. No. 173/2022) u/S 12, Protection of Women from Domestic Violence Act, 2005, P.S.Chandausi, District- Sambhal, pending in the court of Civil Judge (J.D.)/F.T.C. Sambhal at Chandausi.
3. Learned counsel for the applicant submits that the matter is with regard to the matrimonial dispute between the parties in the proceedings under Section 498A I.P.C. Another Application under Section 482 No. 43336 of 2023 (Vijendra Singh @ Brijendra Singh And 5 Others vs. State of U.P. and Another) was filed by the applicant herein wherein this Court, vide order dated 22.12.2023, has referred the matter to the Mediation Centre.
4. Learned counsel for the applicant further submits that the mediation proceedings are progressing and the next date before the Mediation Centre is fixed on 31.07.2024. If this matter is also referred to the Mediation Centre then there is every likelihood of settlement of dispute between the parties.
5. In view of the aforesaid submissions, let this matter be also referred to the Mediation Centre alongwith Application under Section 482 No. 43336 of 2023 (Vijendra Singh @ Brijendra Singh And 5 Others vs. State of U.P. and Another).
6. Put up this matter on 27.08.2024 in additional cause list alongwith Application under Section 482 No. 43336 of 2023
(Vijendra Singh @ Brijendra Singh And 5 Others vs. State of U.P. and Another) before the appropriate Court.
7. Till the next date of listing, no coercive action shall be taken against the applicant herein in view of the pendency of the proceedings.
Order Date :- 4.7.2024 Shubham Arya
(Anish Kumar Gupta, J.)
Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad
2 issues framed by the court
Whether Section 482 Cr.P.C. application challenging an order in DV proceedings should be referred to mediation in context of parallel matrimonial disputes.
Whether coercive action against the applicant should be stayed pending mediation proceedings.
1 provisions across 1 enactments
Vijendra Singh Alias Brijendra Singh
State of U.P.
Anish Kumar Gupta
As recorded by the court registry
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