Disposed

Ikbal Khan and 5 Others v. State of U.P. and Another

Allahabad HC7 Aug 2024A482/23576/2024

Case brief

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What is this about?

The High Court, exercising inherent powers, referred a matrimonial dispute arising from criminal proceedings to its Mediation Centre for reconciliation. The applicants were directed to deposit fees, and interim protection from coercive action was granted pending mediation.

What did the court decide?

Referral to Mediation Centre; interim protection from coercive action granted subject to fee deposit.

Ikbal Khan and 5 Others vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 23576 of 2024

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Applicant :- Ikbal Khan And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sageer Ahmad 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 and learned A.G.A. for the State.

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It has been submitted by learned counsel for the applicants that the present matter relates to matrimonial dispute between husband and wife and the said matter can be well considered in mediation. It was further 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 just and proper 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. 30,000/within two weeks from today with the Mediation Centre of this Court, out of which Rs. 25,000/- shall be released in favour of opposite party no. 2 for her appearance before the Mediation Centre.

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The matter is remitted to the Mediation Centre for mediation 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

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preferably within a period of eight weeks. Thereafter the case shall be listed before the appropriate Bench on 04.11.2024.

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Till the next date of listing, no coercive action shall be taken against the applicants, namely, Ikbal Khan, Acchan Khan, Warisa @ Narisa, Afzal Khan, Muskan Khan and Shavenoor in case no. 419/2024, arising out of Case Crime No. 26/2024, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Nigohi, District Shahjahanpur, pending in the court of C.J.(J.D.)/F.T.C., Court No. 41, Shahjahanpur.

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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 :- 7.8.2024 Anand

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Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad

Ikbal Khan and 5 Others v. State of U.P. and Another

Case brief

What is this about?

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Ikbal Khan and 5 Others v. State of U.P. and Another

Case brief

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