Disposed

Anil Kumar Vishwakarma and 3 Others v. State of U.P. and Another

Allahabad HC1 Aug 2024A482/21784/2024

Case brief

AI extract

What is this about?

High Court disposed of an application under Section 482 Cr.P.C. seeking quashing of proceedings in a 498-A and Dowry Act matter. Court directed trial court to refer parties to mediation. Coercive actions stayed pending mediation.

What did the court decide?

Direction to trial court to refer matter to mediation within two weeks; stay of coercive actions pending mediation conclusion.

Anil Kumar Vishwakarma and 3 Others vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:123555

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 21784 of 2024

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Applicant :- Anil Kumar Vishwakarma And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Srivastava,Priyanka Srivastava

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Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including charge-sheet dated 16.12.2023 as well as summoning order dated 04.01.2024, of Criminal Case No. 21 of 2024 (State Vs. Anil Kumar Vishwakarma and Others), arising out of Case Crime No. 336 of 2023, under Sections - 498-A, 323, 506 IPC and Section 3/4 of Dowry Prohibition Act, 1961, Police Station- Nawabganj, DistrictPrayagraj, pending before the Court of A.C.J.M.-9, Prayagraj

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Learned counsel for the applicants submitted that the prayer for quashing of proceedings is not pressed but the matter relates to matrimonial dispute between husband and wife and the said matter can be well considered in mediation. Learned counsel further submitted that there are fair chances of compromise between the parties, if the matter is referred to the Mediation and Conciliation Centre of the concerned district court.

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Learned A.G.A. has no objection if matter is referred to mediation before the district court.

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In view of aforesaid, it is directed that in case applicants move an application before the trial court for referring the matter to mediation before the District Legal Service Authority/Mediation Centre of the district court concerned, within a period of two weeks from today, the same shall be considered and decided expeditiously in accordance with law.

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It is further directed that for a period of two weeks from today and in case matter is referred to mediation by the trial court, till the conclusion of the proceedings of mediation, no coercive action shall be taken against the applicants.

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With the aforesaid observations, the instant application is finally disposed of .

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Order Date :- 1.8.2024 S Rawat

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Anil Kumar Vishwakarma and 3 Others v. State of U.P. and Another

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Anil Kumar Vishwakarma and 3 Others v. State of U.P. and Another

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