Disposed

Farheen and 6 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. and Another

Allahabad HC23 Feb 2024A482/1730/2024

Case brief

AI extract

What is this about?

The Court directed the parties to Mediation and Conciliation Centre for amicable settlement of a Section 482 Cr.P.C. petition. Criminal proceedings were stayed pending mediation report within three months, conditional on security deposit.

What did the court decide?

Reference to Mediation and Conciliation Centre; stay of criminal proceedings pending mediation report; stay conditional on deposit of security amount.

Farheen and 6 Others vs State of U.P. Thru. Addl. Chief… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 1730 of 2024

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Applicant :- Farheen And 6 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Gulam Mustafa Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Vakalatnama filed by Sri Rajiv Raman Srivastava on behalf of respondent no.2 is taken on record.

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Heard learned counsel for the petitioners, learned counsel for the complainant and learned A.G.A. for the State.

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Vide order dated 23.02.2024, the Co-ordinate Bench of this Court has passed the following order:-

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"1. Heard learned counsel for the petitioners and Sri Sanjay Kumar Yadav, learned AGA for the State.

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2. Issue notice to opposite party no.2, returnable at an early date.

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3. Steps be taken within a week.

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4. Office to proceed accordingly.

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5. This petition under Section 482 Cr.P.C. has been filed by the petitioners with the prayer to quash the summoning order dated 20.03.2021 passed by Civil Judge (S.D.)/F.T.C./A.C.J.M., Sitapur in Criminal Case No. 740 of 2020, under Sections 379, 323, 504 IPC, Police Station Biswan, District Sitapur, contained in Annexure No. 1 to this petition.

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6. Learned counsel for the petitioners has submitted that the dispute in question is between opposite party no. 2 and petitioner no. 1 who is wife of opposite party no. 2 but the entire family of the petitioner no. 1 has been implicated in this case and the parties have every hope, to the best of his instructions, that the issue may be settled amicably through Mediation and Conciliation Centre of this Court.

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7. Before sending the issue to the Mediation and Conciliation Centre, consent of the parties would be required. Therefore, on the next date fixed, petitioner no. 1, namely, Farheen and opposite party no. 2, namely, Mohammad Waseem shall appear in person before this Court for the purposes of giving consent for sending the matter to the Mediation and Conciliation Centre of this Court for amicable solution.

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8. List this case on 02.04.2024. On the said date, petitioner no. 1 and opposite party no.2 shall appear in person before this Court.

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9. The Station House Officer, Police Station Biswan, District Sitapur shall intimate this order to opposite party no.2.

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10. Learned AGA shall intimate this order to the S.H.O. concerned telephonically/e-mail/ any other convenient mode for its compliance. 11. Till the next date of listing, the petitioners shall not be compelled to appear before the court below pursuant to the aforesaid criminal case."

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In compliance of the aforesaid order, the petitioner No.1Farheen as well as respondent No.2-Mohammad Waseem are present before this Court who have been identified by their counsel and both have given their consent for the matter being referred to the Mediation and Conciliation Centre of this Court. Opposite party no. 2 as well as petitioner no. 1 is directed to appear before the Mediation and Conciliation Centre of this Court on 18.04.2024.

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Mediation and Conciliation Centre of this Court shall submit its report before this Court within three months thereafter.

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List on 29.07.2024 after showing the name of Sri Rajiv Raman Srivastava as counsel for respondent in the cause list.

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Till the next date of listing, further proceedings of Criminal Case No. 740 of 2020 (supra) shall remain stayed.

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It is made clear that in case the amount as directed by this Court is not deposited within two weeks from today, the protection provided through this order shall stand vacated automatically. Order Date :- 2.4.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Farheen and 6 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. and Another

Case brief

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Farheen and 6 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. and Another

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