Remanded

Prithviraj Singh v. State of U.P. and Another

Allahabad HC23 Nov 2024A482/21655/2024

Case brief

AI extract

What is this about?

The High Court referred a Section 482 application seeking quashing of summons in a matrimonial dispute to the Mediation Centre. The court directed the applicant to deposit Rs. 25,000 for mediation expenses and granted interim protection from coercive action, provided the applicant appears and cooperates.

What did the court decide?

Remitted to Mediation Centre; interim protection from coercive action granted subject to appearance and deposit of Rs. 25,000.

Prithviraj Singh vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 48

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Case :- APPLICATION U/S 482 No. - 21655 of 2024

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Applicant :- Prithviraj Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Ratan Bhushan Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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

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This application under Section 482 has been filed with the prayer to quash the summoning order dated 29.2.2024 passed by the Additional Chief Judicial Magistrate, Aligarh in Compliant Case No. 5285 of 2022(Smt. Sarvesh Singh Vs. Prithviraj Singh) under sections 498-A,323,504,406, 494 I.P.C. P.S. Sasnigate, District Aligarh as well as quash the entire proceedings pending in the court of Additional Chief Judicial Magistrate, Aligarh.

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Learned counsel for the applicants submits that there is matrimonial dispute between the parties, therefore, the matter may be referred to the Mediation and Conciliation Centre of this court.

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Issue notice to the opposite party no.2.

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In the facts of the present case, I am of the view that an attempt be made to resolve the differences between the parties by way of mediation. It is, therefore, directed that applicant shall deposit a sum of Rs. 25,000/- within three weeks from today with the Mediation Centre out of which Rs.20,000/- shall be paid to the respondent no.2 for appearance before the Mediation Centre. The remaining amount shall go to mediation centre towards the expenses of mediation.

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The matter is remitted to the Mediation Centre with the direction that same may be resolved after giving notices to both the parties.

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It is directed that Mediation Centre shall make all

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endeavours to resolve the dispute amicably, expeditiously, preferably within a period of three months.

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List after three months.

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Till the next date of listing, no coercive action shall be taken against the applicant pursuant to the aforesaid First Information Report.

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It is made clear that in case there occurs default by the applicant either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim protection granted by this Court shall automatically come to an end and it will be open for the concerned court to proceed against the applicant in accordance with law.

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Order Date :- 23.11.2024 Atul kr. sri.

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Prithviraj Singh v. State of U.P. and Another

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Prithviraj Singh v. State of U.P. and Another

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