Remanded

Sandeep Kumar Vishwakarma and 4 Others v. State of U.P. and 2 Others

Allahabad HC23 Jul 2024A482/23099/2024

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC filed by husband and others against the state, the High Court of Judicature at Allahabad, considering the matrimonial nature of the dispute, directed remission to the Court's Mediation Centre for resolution before any coercive action is taken.

What did the court decide?

Remitted to Mediation Centre; stay of coercive action upon deposit of Rs. 25,000/-; listing fixed for 16.10.2024.

Sandeep Kumar Vishwakarma and 4 Others vs State of… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 23099 of 2024

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Applicant :- Sandeep Kumar Vishwakarma And 4 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pawnesh Tiwari,Shyam Babu Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Sri Mukhtar Alam, Advocate has filed Vakalatnama on behalf of the informant/opposite party no.3, which is taken on record.

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Heard learned counsel for the applicants, learned counsel appearing on behalf of informant/opposite party no.3 and learned A.G.A. for the State.

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It was submitted by learned counsel for the applicants that the present matter relates to matrimonial dispute between parties and the said matter can be well considered in mediation. It was submitted that there is possibility of reconciliation between the parties and, therefore, the matter may be referred to the Mediation Centre of this Court.

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Having considered the arguments advanced across the bar, it appears proper and appropriate that in the instant case, the proceedings of mediation/reconciliation be resorted to between the disputing parties.

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It is directed that applicants shall deposit a sum of Rs. 25,000/within two weeks from today with the Mediation Centre of this Court, out of which Rs. 22,000/- shall be released in favour of opposite party no. 3 for her appearance before the Mediation Centre.

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The matter is remitted to the Mediation Centre for mediation

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with the direction that same may be dealt with for resolution, after giving notices to both the parties.

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Mediation proceedings shall be concluded expeditiously preferably within a period of eight weeks. Thereafter the case shall be listed before appropriate Bench on 16.10.2024.

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Till the next date of listing, no coercive action shall be taken against the applicants, namely, Sandeep Kumar Vishwakarma, Gaya Prasad Vishwakarma, Malti Devi, Kuldeep Kumar Vishwakarma & Anita Devi in Case No.138 of 2024, arising out of Case Crime No.107 of 2023 (State vs. Sandeep Kumar Vishwakarma And Others), under Sections 498A, 323, 504, 506, 406 I.P.C. and Section 3/4 Dowry Prohibition Act, Police StationMahila Thana, Police Commissionerate, District- Prayagraj pending in the court of Civil Judge (J.D.) Room No.21, Prayagraj.

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After depositing the amount aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.

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Order Date :- 23.7.2024 SP/-

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Sandeep Kumar Vishwakarma and 4 Others v. State of U.P. and 2 Others

Case brief

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Sandeep Kumar Vishwakarma and 4 Others v. State of U.P. and 2 Others

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