Disposed

Rajeev Kumar and 5 Others v. State of Up and Another

Allahabad HC29 Jul 2024A482/14106/2024

Case brief

AI extract

What is this about?

This court referred a Section 482 application to the Mediation and Conciliation Centre upon joint counsel submission. The applicants must deposit Rs.15,000 within two weeks, and no coercive action shall be taken pending mediation.

What did the court decide?

The matter referred to Mediation and Conciliation Centre; deposit of Rs.15,000 required; no coercive action pending mediation.

Rajeev Kumar and 5 Others vs State of Up and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 14106 of 2024

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Applicant :- Rajeev Kumar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Narain Tripathi,Satya Prakash Tripathi

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Counsel for Opposite Party :- Ashutosh Tiwari,G.A.

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Hon'ble Samit Gopal,J.

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1 Heard Sri Satya Prakash Tripathi, learned counsel for the applicants, Sri Ashutosh Tiwari, learned counsel for the opposite party no. 2 and Sri Ajay Singh, learned A.G.A.-I for the State and perused the record.

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Learned counsels for the parties jointly state that the matter be referred to the Mediation and Conciliation Centre of this Court for an effort to the parties to settle their dispute amicably. They stated that the parties shall appear before the Mediation and Conciliation Centre on 16.08.2024 being the first date of mediation.

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In view of the submissions made by both learned counsels for the parties, let the matter be referred to the Mediation and Conciliation Centre of this Court, subject to the applicants depositing a sum of Rs.15,000/- within two weeks before the Mediation Centre. The said amount shall be paid to the opposite party no.2 after conclusion of the process of mediation.

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Since the parties have agreed to appear on 16.08.2024 before the Mediation and Conciliation Centre, the mediation centre may start the process on that date and learned mediator shall make an endeavour to conclude the same within one month.

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Let the matter be listed on 30.08.2024.

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On that date learned counsels for the parties shall inform the Court regarding outcome of the proceedings of mediation.

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The Mediation Centre shall also send its report to this Court by the next date.

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Till the next date of listing, no coercive action shall be taken against the applicants in Case No. 30308 of 2023, State vs. Rajeev Kumar and others, arising out of Case Crime No. 693 of 2022,

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under Sections 285, 427, 436 IPC, Police Station Bisrakh, District Gautam Budh Nagar, pending in the court of Chief Judicial Magistrate, Gautam Buddh Nagar.

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It is made clear that in case, there occurs default by the applicants either in depositing the amount before the Mediation and Conciliation Centre of this Court and producing its receipt before the trial court within one week of its deposit or in appearing before the Mediation Centre on the date or dates fixed, the interim order shall cease to be operative and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the Bench concerned for passing appropriate order in the matter.

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(Samit Gopal,J.)

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Order Date :- 29.7.2024

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Naresh

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Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad

Rajeev Kumar and 5 Others v. State of Up and Another

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Rajeev Kumar and 5 Others v. State of Up and Another

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