Deepak v. State of U.P. and Another
Case brief
What is this about?
In this matrimonial dispute under Sections 498-A and related provisions, the High Court referred the criminal proceedings to the Mediation Centre, Allahabad. The Court ordered the applicant to deposit Rs. 35,000 within two weeks for the mediation process to commence.
What did the court decide?
Referral to Mediation Centre, Allahabad; Order to deposit Rs. 35,000 within two weeks.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 79
Case :- APPLICATION U/S 482 No. - 24457 of 2024
Applicant :- Deepak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Kant Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
- Heard Shri Shashi Kant Pandey, learned counsel for the applicant and Shri Mohd. Shoeb Khan, learned A.G.A. for the State.
- The present 482 Cr.P.C. application has been filed to quash the entire proceedings of the Complaint Case No.230 of 2024 (Smt. Devindri v. Deepak & others), under Section 498-A, 323, 504, 506 I.P.C. & 3/4 D.P. Act, Police Station Nakhasa, District Sambhal, pending in the Court of learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.2, Sambhal and summoning order dated 22.04.2024 passed by learned Judicial magistrate Court-II, Sambhal.
- Contention of learned counsel for the applicants is that the present dispute is a matrimonial dispute between husband and wife which can be settled through mediation, therefore, this matter may be referred to the Mediation Centre, Allahabad High Court.
- Considering the nature of the case, the present matter is referred to the Mediation Centre, High Court Allahabad, subject to the condition that the applicants will deposit a sum of Rs. 35,000/within two weeks from today with the Mediation Centre out of which Rs.30,000/- shall be paid to opposite party no.2 on her appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.5,000/- shall be retained by the mediation center towards its expenses.
Issues for consideration
2 issues framed by the court
Whether the matrimonial dispute arising under Sections 498-A, 323, 504, 506 I.P.C. and D.P. Act can be settled through mediation.
Whether a direction to deposit a sum of Rs. 35,000 with the Mediation Centre can be made for referring the matter to mediation.
Parties & counsel
- applicant
Deepak
- respondent
Smt. Devindri
- respondent
State of U.P.
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- A482/24457/2024
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