Remanded

Mahesh Chandra Gupta and 2 Others v. State of U.P. and Another

Allahabad HC23 Aug 2024A482/24339/2024

Case brief

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What is this about?

High Court Court No.-89 referred a matrimonial petition u/s 482 Cr.P.C. to the Mediation and Conciliation Centre, directing an ₹50,000 deposit by the applicant for expeditious settlement before listing the matter on 11.11.2024.

What did the court decide?

Matter remitted to Mediation Centre with direction to list parties after ₹50,000 deposit by applicant; no coercive action till next date.

Mahesh Chandra Gupta and 2 Others vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 24339 of 2024

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Applicant :- Mahesh Chandra Gupta And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brajesh Kumar Solanki,Samrat Vikram Singh Counsel for Opposite Party :- G.A.

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Hon'ble Prashant Kumar,J.

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Heard learned counsel for the applicant and the learned A.G.A. for the State.

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The applicant, by means of the instant application filed under Section 482 Cr.P.C. has invoked the jurisdiction of this Court with prayer to quash the summoning order dated 25.04.2024 passed in compliant case No. 57 of 2023, Smt. Deeksha Gupta vs. Mahesh Chandra Gupta & others, under section 406, 504 and 506 I.P.C., Police Station Rasoolpur, District Firozabad, pending in the Court of A.C.J.M., Firozabad, District Firozabad.

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It is submitted by learned counsel for the applicant that the present matter relates to matrimonial dispute, which may be amicably settled by way of mediation and conciliation, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court.

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Issue notice to the opposite party no. 2, returnable at an early date. Steps may be taken within a week.

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Taking into account the statement of learned counsel for the applicant, it is directed that the applicant shall deposit a sum of Rs.50,000/- within three weeks from today with the Mediation Centre of this Court, out of which Rs.45,000/shall be paid to opposite party no. 2 for her appearance before the Mediation Centre and Rs.5000/- shall go to the Mediation Centre as mediation fee.

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The matter is remitted to the Mediation Centre with the direction that after deposit of such amount, by the applicant, it shall issue notice to the parties fixing some date for mediation and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously,

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preferably within a period of two months.

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List the matter on 11.11.2024, before the appropriate Bench along with the report of Mediation Centre.

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Till the next date of listing, no coercive actions shall be taken against the applicant in the aforementioned case.

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It is made clear that in case there occurs default by the applicant either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter.

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Order Date :- 23.8.2024 Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Mahesh Chandra Gupta and 2 Others v. State of U.P. and Another

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Mahesh Chandra Gupta and 2 Others v. State of U.P. and Another

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