Disposed

Prem Nath and 7 Others v. State of U.P. and Another

Allahabad HC10 Jul 2024A482/21670/2024

Case brief

AI extract

What is this about?

The court referred a matrimonial dispute and proceedings under the Domestic Violence Act to the Mediation Centre, High Court, Allahabad, upon request of counsel for the applicants, directing deposit of fees and setting a date for mediation.

What did the court decide?

Matter referred to the Mediation Centre, High Court, Allahabad; applicants directed to deposit Rs. 20,000/- for mediation expenses.

Prem Nath and 7 Others vs State of U.P. and Another — Domestic Violence | Allahabad HC (2024)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 21670 of 2024

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Applicant :- Prem Nath And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sriram Dhar Dubey Counsel for Opposite Party :- G.A.,Gaurav Chauhan

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Sriram Dhar Dubey, learned counsel for the applicants, Sri Gaurav Chauhan, learned counsel for opposite party no.2 and Sri Kamlesh Kumar Tripathi, learned AGA for the State.

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The instant application under section 482 Cr.P.C. has been filed seeking quashing the entire proceeding of Complaint Case No. 18962 of 2022 (Manita Devi Vs. Prem Nath and others), under sections 498A, 323, 504, 506 IPC and 3/4 of D.P. Act, Police Station-Barhalganj, DistrictGorakhpur as well as the summoning order dated 4.7.2023 passed by the court of Civil Judge (JD)/F.T.C. (Offence against women), Gorakhpur and Case No. 689 of 2022, under Section 12 of Domestic Violence Act, 2022 (Manita Devi Vs. Prem Nath and others) pending before Village Court Chaurichaura Gorakhpur on the basis of settlement dated 17.5.2024 in petition no. 888 of 2022 and mutual compromise dated 11.6.2024.

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Considering the fact that dispute is matrimonial in nature, this court vide order dated 23.07.2024 directed the parties to appear before the court below but because of certain dispute, parties could not file compromise deed before the court below. Today, both learned counsel for the parties jointly requested that this matter may be settled through

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mediation. Therefore, matter may be referred to the Mediation Centre, High Court, Allahabad.

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Considering the aforesaid request and taking into account that dispute is purely matrimonial in nature and there are chances of mediation. The present matter is referred to the Mediation Centre, High Court Allahabad.

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With the consent of learned counsel for both the parties, it is directed that both the parties will appear before the Mediation Centre, High Court, Allahabad on 30.11.2024 and mediation centre will try to settle the dispute arisen between them, as expeditiously as possible.

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It is further directed that the applicant no.1 will deposit a sum of Rs.20,000/- within two weeks from today with the Mediation Centre, out of which Rs.17,500/- shall be paid to the opposite party no.2 on her appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.2,500/- shall be retained by the mediation center towards its expenses.

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List in the week commencing 16.12.2024 along with the report of Mediation Centre.

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It is further provided, if applicants file receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicants in the aforesaid case, till the next date of listing.

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It is also made clear that in case the applicants fail to submit the receipt of the aforesaid deposit on time before the court below then the court below is free to proceed against

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the applicants.

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However, it is made clear that if the applicants failed to deposit the aforesaid amount or failed to appear before the Mediation Centre, as directed above, the interim order granted by this Court shall automatically vacated. Mediation Centre will immediately inform to this Court.

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Order Date :- 18.11.2024 S.Chaurasia

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Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad

Prem Nath and 7 Others v. State of U.P. and Another

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Prem Nath and 7 Others v. State of U.P. and Another

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