Remanded

Rajiv Mohan Saxena and Another v. State of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home Deptt. U.P. Lko. and Another

Allahabad HC22 Feb 2024A482/1515/2024

Case brief

AI extract

What is this about?

The Court referred a matrimonial dispute case to the High Court's Mediation Centre under Section 482 Cr.P.C. Criminal proceedings were kept in abeyance contingent on a security deposit of Rs. 25,000, with Rs. 20,000 payable to the female party upon her first appearance.

What did the court decide?

Applicant to deposit Rs. 25,000; criminal proceedings suspended pending report of the Mediation Centre with a date of 28.08.2024.

Rajiv Mohan Saxena and Another vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1515 of 2024

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Applicant :- Rajiv Mohan Saxena And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Anurag Singh Chauhan,Shameem Jahan Counsel for Opposite Party :- G.A.,Praveen Singh,Rajesh Kumar Srivastava

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Hon'ble Shamim Ahmed,J.

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Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.

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The applicants in the present application under Section 482 Cr.P.C are seeking quashing of the entire proceedings of Criminal Case No.114152 of 2022 arising out of Case Crime No.376 of 2022 under Sections 498A, 323, 504 IPC against the applicant No.1, under Sections 323, 504 IPC against applicant No.2, Police Station Naka Hindola, Lucknow West (Commissionerate Lucknow) pending before Special Additional Chief Judicial Magistrate, C.B.I. (A.P.) Lucknow.

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Submission of learned counsel for the applicants is that the matter relates to matrimonial dispute and the applicants have all the intentions to settle the same amicably. Applicants' counsel strenuously urged that this case may be referred to the Mediation Centre of this Court so that the couple may have a chance to settle their dispute on their own terms through mediation.

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The Court is also satisfied on the basis of the record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through process of mediation and an attempt ought to be made to explore that possibility.

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Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court, Lucknow. Learned counsel for the applicants will submit the copy of the present application alongwith affidavit within three weeks from today at the Mediation and Conciliation Centre and the Mediation and Conciliation Centre will issue notice to both the parties within a

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week thereafter fixing date in the case. The mediator is allowed two months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.

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Put up this case on 28.08.2024 before appropriate Bench along with report of the mediator.

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Till the next date of listing, the proceedings of the Criminal Case No.114152 of 2022 arising out of Case Crime No.376 of 2022 under Sections 498A, 323, 504 IPC against the applicant No.1, under Sections 323, 504 IPC against applicant No.2, Police Station Naka Hindola, Lucknow West (Commissionerate Lucknow) pending before Special Additional Chief Judicial Magistrate, C.B.I. (A.P.) Lucknow shall be kept in abeyance in respect of the applicants subject to the deposition of Rs.25,000/as expenditure within three weeks by way of a bank draft to the Mediation Centre. It is directed that out of Rs.25,000/deposited by the applicants, Rs.20,000/- shall be handed over to the opposite party no.2 on her first appearance and Rs.5,000/shall be kept by the Mediation Centre.

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This case shall not be treated as tied up or part heard with this Bench.

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Order Date :- 1.5.2024 prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Rajiv Mohan Saxena and Another v. State of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home Deptt. U.P. Lko. and Another

Case brief

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Rajiv Mohan Saxena and Another v. State of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home Deptt. U.P. Lko. and Another

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