Disposed

Sanju Kumar @ Sanju Sagar and 3 Others v. State of Up and Another

Allahabad HC30 Aug 2024A482/24220/2024

Case brief

AI extract

What is this about?

In this Section 482 CrPC application regarding a matrimonial dispute involving Sections 498-A, 323, 354, 504, 506 IPC and Dowry Prohibition Act, the Court referred the matter to the Mediation Centre. The applicants were directed to deposit Rs. 35,000 to initiate proceedings, with funds distributed to parties and the Centre. Coercive steps were stayed pending mediation.

What did the court decide?

Application referred for mediation; Rs. 35,000 deposited as a condition; coercive steps stayed pending mediation report.

Sanju Kumar @ Sanju Sagar and 3 Others vs State… — Writ and Judicial Review | Allahabad HC (2024)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

(Sl No.47)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 24220 of 2024

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Applicant :- Sanju Kumar @ Sanju Sagar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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1. Heard Sri Mukesh Joshi, learned counsel for the applicants and Sri Pankaj Srivastava, learned A.G.A. for the State.

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2. The instant application under Section 482 Cr.P.C. was filed seeking quashing of the summoning order dated 14.06.2024 in Complaint Case No. 1150 of 2023 (Monika vs. Sanju Kumar and Others) under Sections 498-A, 323, 354, 504, 506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, 1961, P.S.Aichauda Kamboh, District- Sambhal, pending in the Court of learned Civil Judge (Junior Division)/Judicial Magistrate, Outer Court, Sambhal.

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3. Learned counsel for the applicants submitted that there is every likelihood that the said dispute could be settled, if the matter is referred to the Mediation Centre of Allahabad High Court.

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4. Considering the nature of allegation and the difference between the parties, the Court feels that in the interest of justice, let an opportunity be granted to settle their disputes in an amicable and congenial way.

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5. Under the circumstances, both the parties shall appear before the Mediation Centre and would explore the possibilities of settling the dispute.

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6. Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicants are directed to deposit a sum of Rs. 35,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within two weeks from today. After deposit of the aforesaid amount, Mediation Centre

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shall send a notice to the opposite party no.2. Out of Rs. 35,000/-, Rs. 15,000/- shall be payable to the opposite party no.2 on her first appearance before the Mediation and Conciliation Centre, Rs. 15,000/- shall be paid to opposite party no.2 on her second appearance or on settlement of dispute, whichever is earlier and the remaining Rs. 5,000/- shall be payable to the Mediation and Conciliation Centre.

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7. The Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months after giving notices to both the parties.

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8. Thereafter, the case shall be listed on 03-12-2024 in the additional cause list along with the report of High Court Mediation and Conciliation Centre, Allahabad before appropriate Court.

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9. From the date of deposit of amount as directed herein above, no coercive steps shall be taken against the applicants in pursuance of the summoning order dated 14.06.2024 in Complaint Case No. 1150 of 2023 (Monika vs. Sanju Kumar and Others) under Sections 498-A, 323, 354, 504, 506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, 1961, P.S.Aichauda Kamboh, District- Sambhal, pending in the Court of learned Civil Judge (Junior Division)/Judicial Magistrate, Outer Court, Sambhal.

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10. However, it is provided that if the amount, as directed above, is not deposited by the applicants within the aforesaid period, the instant application under Section 482 Cr.P.C. shall stand dismissed without further reference to the court.

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Order Date :- 30.8.2024 Shubham Arya

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(Anish Kumar Gupta, J.)

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

Sanju Kumar @ Sanju Sagar and 3 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Sanju Kumar @ Sanju Sagar and 3 Others v. State of Up and Another

Case brief

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