Disposed

Gajendra Alias Gajendra Kumar Saini and 5 Others v. State of U.P. and Another

Allahabad HC5 Jul 2024A482/15179/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. for quashing of summoning order and criminal proceedings sought by applicants. Court, considering the likelihood of settlement, referred the matter to the Mediation Centre and stayed coercive steps subject to deposit of fee.

What did the court decide?

Referred to Mediation Centre; stay granted on coercive steps subject to fee deposit.

Gajendra Alias Gajendra Kumar Saini and 5 Others vs… — Domestic Violence | Allahabad HC (2024)

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(Sl.No.11)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 15179 of 2024

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Applicant :- Gajendra Alias Gajendra Kumar Saini And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Agarval,Bharat Garg Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Bharat Garg, learned counsel for the applicants and Sri Sunil Kumar Kushwaha, learned A.G.A. for the State.

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The instant application under Section 482 Cr.P.C. was filed seeking quashing of the summoning order dated 28.3.2022 as well as entire proceedings of Complaint Case No.5122 of 2022 (Krishna Bala vs. Gajendra Kumar Saini and others) under Section 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police StationKatghar, District-Moradabad.

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Learned counsel for the applicants submitted that there is every likelihood that the said dispute could be settled, if the matter is referred to the Mediation Centre of Allahabad High Court.

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Considering the nature of allegation and the difference between the parties, the Court feels that in the interest of justice, let an opportunity be granted to settle their disputes in an amicable and congenial way.

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Under the circumstances, both the parties shall appear before the Mediation Centre and would explore the possibilities of settling the dispute.

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In view thereof, let notice be issued to opposite party no.2 to put her appearance before the Mediation Centre of this Court.

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Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicants are directed to deposit a sum of Rs.55,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within two weeks from today. After deposit of the aforesaid amount, mediation centre shall send a notice to the opposite party no.2. Out of Rs.55,000/-, Rs.25,000/- shall be

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payable to the opposite party no.2 on her first appearance before the Mediation and Conciliation Centre, Rs.25,000/- shall be paid to opposite party no.2 on her second appearance or on settlement of dispute, whichever is earlier and the remaining Rs. 5,000/- shall be payable to the Mediation and Conciliation Centre.

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The Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months after giving notices to both the parties.

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Thereafter, the case shall be listed on 26.11.2024 in the additional cause list along with the report of High Court Mediation and Conciliation Centre, Allahabad before appropriate Court.

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From the date of deposit of amount as directed herein above, no coercive steps shall be taken against the applicants in pursuance of Complaint Case No.5122 of 2022 (Krishna Bala vs. Gajendra Kumar Saini and others) under Section 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station-Katghar, DistrictMoradabad.

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However, it is provided that if the amount, as directed above, is not deposited by the applicants within the aforesaid period, the instant application under Section 482 Cr.P.C. shall stand dismissed without further reference to the court.

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Order Date :- 21.8.2024 LN Tripathi

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(Anish Kumar Gupta,J.)

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Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad

Gajendra Alias Gajendra Kumar Saini and 5 Others v. State of U.P. and Another

Case brief

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Gajendra Alias Gajendra Kumar Saini and 5 Others v. State of U.P. and Another

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