Disposed

Mohd. Raees Alias Mohd. Rahis v. State of U.P. Thru. Prin. Secy. Home, Deptt. Civil Sectt. Lko. and Another

Allahabad HC27 Feb 2024A482/1836/2024

Case brief

AI extract

What is this about?

Interim order in a Section 482 Cr.P.C. petition seeking quashing of criminal proceedings arising from a matrimonial dispute under Sections 498-A and allied provisions. The court directed notice to the respondent, deposit of Rs.25,000 as a bonafide gesture for mediation, stayed proceedings pending deposit, and fixed a date for both parties to appear in person.

What did the court decide?

Proceedings stayed until next listing, conditional on petitioner depositing Rs.25,000 in the Mediation Centre.

Mohd. Raees Alias Mohd. Rahis vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 1836 of 2024

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Applicant :- Mohd. Raees Alias Mohd. Rahis Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Deptt. Civil Sectt. Lko. And Another Counsel for Applicant :- Syed Raza Mehdi Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard learned counsel for the petitioner and learned Additional Government Advocate for the State.

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2. Issue notice to opposite party No.2 returnable at an early date, for which, necessary steps be taken within a week.

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3. Office to proceed accordingly.

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4. By means of this petition filed under Section 482 Cr.P.C., the petitioner has prayed for quashing of the entire proceedings of Criminal Case No.26563 of 2022 (State vs, Raees & others) as well as the Charge-sheet No.296 of 2022 dated 04.02.2022, arising out of Case Crime No.0156 of 2022, under Sections 498-A, 323, 504 & 506 I.P.C., Section 3/4 of Dowry Prohibition Act and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station-Khodare, District-Gonda, pending before the learned Chief Judicial Magistrate, Gonda.

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5. Learned counsel for the petitioner has stated that the impugned F.I.R. is an outcome of matrimonial dispute and this dispute may be settled amicably through mediation in the Mediation & Conciliation Centre of this Court, therefore, the matter may be referred to the Mediation & Conciliation Centre of this Court.

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6. It is trite law that without seeking consent of the parties concerned, the matter may not be sent to the Mediation & Conciliation Centre for mediation.

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7. Learned counsel for the petitioner has stated that the petitioner, who is husband of the opposite party No.2 (Smt. Asma Bano), is willing to deposit a sum of Rs.25,000/- in the Mediation & Conciliation Centre of this Court to show his bonafide that he is really willing to settle the dispute amicably through mediation.

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8. Therefore, the petitioner is directed to deposit a sum of

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Rs.25,000/- in the Medication & Conciliation Centre of this Court within a period of two weeks from today.

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9. List this case on 21.03.2024. On that date, the petitioner (Sri Mohd. Raees @ Mohd. Rahis) and the opposite party No.2 (Smt. Asma Bano) shall appear in person before this Court to apprise the Court as to whether they are willing to settle their dispute amicably through mediation.

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10. Till the next date of listing, the entire criminal proceedings initiated pursuant to the aforesaid case crime number shall remain stayed subject to deposit of the aforesaid amount.

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11. It is made clear that if the amount in question is not deposited by the petitioner, the benefit of this order shall not be made available to the present petitioner.

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12. It is directed that the Station House Officer of Police Station-Khodare, District-Gonda shall ensure the presence of opposite party No.2 (Smt. Asma Bano) by apprising her about the date fixed and the learned Additional Government Advocate shall intimate this order to the Station House Officer concerned for its compliance.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 27.2.2024 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Raees Alias Mohd. Rahis v. State of U.P. Thru. Prin. Secy. Home, Deptt. Civil Sectt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Mohd. Raees Alias Mohd. Rahis v. State of U.P. Thru. Prin. Secy. Home, Deptt. Civil Sectt. Lko. and Another

Case brief

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