Quashed

Ajay v. State of U.P. and Another

Allahabad HC16 Oct 2024A482/21369/2024

Case brief

AI extract

What is this about?

The High Court quached the entire criminal proceedings under Section 482 Cr.P.C. arising from an IPC offence alleging an intent to settle the dispute through mediation. The court directed a deposit of Rs. 30,000 and referred the matter to the Mediation Centre, staying proceedings pending the outcome.

What did the court decide?

Matter referred to Mediation Centre with stay of proceedings. Applicant to deposit Rs. 30,000. Rs. 27,000 for wife's maintenance. Vacatur of stay upon default or non-participation.

Ajay vs State of U.P. and Another — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 21369 of 2024

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Applicant :- Ajay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Munendra Nath Chaubey Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Shri Vishal Kumar, Advocate holding brief of Shri Munendra Nath Chaubey, learned counsel for the applicants and Shri Tej Bhan Singh, learned A.G.A. for the State are present.

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The present application under Section 482, Cr.P.C. has been filed to quash the entire proceedings of Case No. 792 of 2021 (State Vs. Ajay Kumar) arising out of case crime No. 184 of 2019, under Sections 452, 323, 504, 506, I.P.C., Police Station Surir, District Mathura, pending in the court of Judicial Magistrate, Mathura.

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Learned counsel for the applicant submits that the matter relates to matrimonial dispute and applicant (husband) is ready and willing to settle the dispute amicably and keep the opposite party no. 2 with him. In order to show his bona fides the applicant is ready to deposit Rs. 30,000/- to be handed over to the wife on her first appearance. Learned counsel for the applicant urged that the 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 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, Allahabad. The applicant will deposit Rs. 30,000/- within two weeks at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties returnable within a period of four weeks. Out of the same, Rs. 27,000/- shall be handed over to the wife on her first appearance with regard to her maintenance and minimum expenses. Rs. 3,000/- will remain deposited with the Mediation Centre.

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The mediator is allowed three 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 as fresh before the appropriate Bench along with report of the mediator on 10.2.2025.

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Till the next date of listing, proceeding of Case No. 792 of 2021 (State Vs. Ajay Kumar) arising out of case crime No. 184 of 2019, under Sections 452, 323, 504, 506, I.P.C., Police Station Surir, District Mathura, pending in the court of Judicial Magistrate, Mathura, shall remain stayed.

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It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the applicant in the mediation proceedings, the interim stay order shall stand automatically vacated.

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

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Order Date :- 16.10.2024 T. Sinha

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Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad

Ajay v. State of U.P. and Another

Case brief

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Ajay v. State of U.P. and Another

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