Disposed

Chandrapal v. State of U.P. and Another

Allahabad HC10 Jul 2024A482/21632/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash complaint case proceedings under Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act arising from a matrimonial dispute. Court referred the matter to the High Court Mediation Centre with cost deposit and stayed coercive steps pending mediation.

What did the court decide?

Referral to Mediation & Conciliation Centre; Rs.35,000 deposit directed; no coercive steps upon deposit; automatic dismissal if amount not deposited within two weeks; listing on 03.12.2024 with mediat

Chandrapal vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2024)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

*********

(Sl.No. 21)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 21632 of 2024

¶6

Applicant :- Chandrapal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Omar Zamin,Sudhanshu Srivastava Counsel for Opposite Party :- G.A.

¶7

Hon'ble Anish Kumar Gupta,J.

¶8

Heard learned counsel for the applicants and learned A.G.A. for the State.

¶9

The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the entire criminal proceedings of Complaint Case No. 2300 of 2021 (Smt. Baby vs. Chandrapal and others) under Section 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S.Kotwali, District-Mainpuri as well as summoning order dated 26.8.2022 passed by Chief Judicial Magistrate, Mainpuri.

¶10

Learned counsel for the applicant submits that the instant proceedings arises out of matrimonial dispute and there is every likelihood that the dispute could be settled amicably, if the matter is referred to the Mediation Centre of Allahabad High Court.

¶11

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.

¶12

Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicant (Husband) is directed to deposit a sum of Rs. 35,000/- 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 (Wife). Out of Rs. 35,000/-, Rs. 15,000/- shall be paid to the opposite party no.2 on her first appearance before the Mediation and Conciliation Centre and Rs.

¶13

5,000/- shall be retained by the Mediation Centre towards expenses. So far as the remaining amount of Rs. 15,000/- is concerned, in case the dispute is settled between the parties, the same shall be paid to the opposite party no. 2 on final settlement of dispute. However, in case the mediation fails, the said amount shall be returned to the applicant.

¶14

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

¶15

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.

¶16

Thereafter, the case shall be listed on 03.12.2024 in the additional cause list along with the report of High Court Mediation and Conciliation Centre, Allahabad before appropriate Court.

¶17

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. 2300 of 2021 (Smt. Baby vs. Chandrapal and others) under Section 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S.-Kotwali, District-Mainpuri.

¶18

In case 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.

¶19

Order Date :- 29.8.2024 Kirti

¶20

(Anish Kumar Gupta, J.)

¶21

Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad

Chandrapal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Chandrapal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Abhishek Kumar Singh Alias Shubham Singh vs State of U.P. and Another

Nitin Agrawal and Another vs State of U.P. and Another

Asama vs State of Up and 2 Others

Kaushlendra Singh Alias Rahul Chauhan vs State of U.P. and Another

Furkan vs State of U.P. and Another

Alok Gupta and Anothers vs State of U.P. and Another