Disposed

Shantanu Singh @ Shanu and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Allahabad HC11 Mar 2024A482/2271/2024

Case brief

AI extract

What is this about?

Court recorded consent of parties to refer matrimonial dispute arising from criminal proceedings to Mediation and Conciliation Centre, stayed further proceedings, and directed appearance on a fixed date upon deposit of sum.

What did the court decide?

Stayed further proceedings; referred parties to Mediation and Conciliation Centre.

Shantanu Singh @ Shanu and Others vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 2271 of 2024

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Applicant :- Shantanu Singh @ Shanu And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another

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Counsel for Applicant :- Ashish Kumar Singh,Manish Vaish Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Vakalatnama filed by Sri Anand Kumar Srivastava on behalf of respondent no.2 is taken on record.

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Heard learned counsel for the petitioners, learned counsel for the complainant and learned A.G.A. for the State.

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Vide order dated 11.03.2024, the Co-ordinate Bench of this Court has passed the following order:-

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"1. Heard learned counsel for the petitioners and learned AGA for the State.

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2. Issue notice to opposite party no.2 returnable at an early date.

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3. Steps within a week.

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4. Office to proceed accordingly.

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5. At the very outset, learned counsel for the petitioners has submitted that inadvertently in place of Section 498-A IPC, Section 497-A IPC has been indicated at so many place in the petition due to typographical error, therefore, he may be permitted to correct the aforesaid bonafide mistake.

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6. On the aforesaid request, learned counsel for the petitioners is permitted to correct the aforesaid mistake during the course of the day.

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7. By means of this petition filed under Section 482 Cr.P.C., the petitioners have prayed the following reliefs:-

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"For the facts reasons and circumstances mentioned in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the summoning order dated 26.07.2023 passed by Chief Judicial Magistrate, Balrampur in Complaint Case No.12397/2022 (Anita Singh Vs. Shantanu Singh and others) under section 497-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act.

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Further it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Complaint Case

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No.12397/2022 (Anita Singh Vs. Shantanu Singh and others) under sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, in the interest of justice."

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8. Learned counsel for the petitioners has submitted that the impugned criminal proceedings are an outcome of a matrimonial dispute between the parties and parties have every hope, to the best of his instructions, that the issue may be settled amicably through Mediation and Conciliation Centre of this Court.

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9. Before sending the issue to the Mediation and Conciliation Centre, consent of the parties would be required. Therefore, on the next date fixed, petitioner no.1 and opposite party no.2 shall appear in person for the purposes of giving consent for sending the matter to the Mediation and Conciliation Centre of this Court for amicable solution. The petitioners are directed to deposit a sum of Rs.25,000/(Rupees twenty five thousand) in the Mediation and Conciliation Centre of this Court within three weeks from today. 10. List on 02.04.2024.

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11. On the said date, petitioner no.1 and opposite party no.2 shall appear in person before this Court.

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12. The Station House Officer, Police Station - Kotwali Nagar, District- Balrampur shall intimate this order to opposite party no.2. 13. Learned AGA shall intimate this order to the S.H.O. concerned telephonically/ e-mail/ any other convenient mode for its compliance.

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14. Till the next date of listing, the petitioners shall not be compelled to appear before the court below pursuant to the aforesaid complaint case."

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In compliance of the aforesaid order, the petitioner No.1Shantanu Singh @ Shanu as well as respondent No.2-Anita Singh are present before this Court who have been identified by their counsel and both have given their consent for the matter being referred to the Mediation and Conciliation Centre of this Court.

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It is informed that petitioner No.1 has already deposited a sum of Rs.25,000/- before the Mediation and Conciliation Centre of this Court, the same shall be released in favour of opposite party No.2 as and when she appears before the Mediation Centre.

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Accordingly, Opposite party no. 2 as well as petitioner no. 1 is directed to appear before the Mediation and Conciliation Centre of this Court on 18.04.2024.

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Mediation and Conciliation Centre of this Court shall submit its report before this Court within three months thereafter. List on 29.07.2024 after showing the name of Sri Anand Kumar Srivastava as counsel for respondent in the cause list.

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Till the next date of listing, further proceedings of Complaint Case No.12397/2022 (Anita Singh Vs. Shantanu Singh and others) (supra) shall remain stayed.

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It is made clear that in case the amount as directed by this Court is not deposited within two weeks from today, the protection provided through this order shall stand vacated automatically. Order Date :- 2.4.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Shantanu Singh @ Shanu and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Case brief

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Shantanu Singh @ Shanu and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

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