Disposed

Smt. Susheela Devi and Another v. State of U.P. Thru. Addl. Chief Secy. Home Govt. Lko and Another

Allahabad HC15 Mar 2024A482/2457/2024

Case brief

AI extract

What is this about?

The court listed the application for quashing summoning order under Section 482 Cr.P.C. pending. It directed parties to appear for mediation if willing, issued stay on proceedings relating to petitioners, and appointed counsel to ensure respondent's presence. Case was disposed of by adjournment for mediation.

What did the court decide?

Stay of proceedings against petitioners pending list date. Order reserved for appearance at 23.04.2024 to assess willingness for mediation.

Smt. Susheela Devi and Another vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 2457 of 2024

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Applicant :- Smt. Susheela Devi And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Govt. Lko And Another Counsel for Applicant :- Saurabh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard Sri Saurabh Singh, learned counsel for the petitioners and Sri Vishwa Nath Nishad, learned Additional Government Advocate for the State.

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2. Issue notice to opposite party No.2 returnable at an early date, for which, necessary steps be taken within a week.

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3. Office to proceed accordingly.

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4. By means of this petition filed under Section 482 Cr.P.C., the petitioners have prayed for quashing of the summoning order dated 13.07.2018 passed by the learned Judicial Magistrate, Room No.23, Sultanpur, Amethi in Criminal Case No.384 of 2022 (Raj Kumari vs. Krishna Gopal and others), under Sections 419, 420, 467, 468 & 471 I.P.C., Police StationAmethi, District-Amethi, so far as it relates to the present petitioners, in the interest of justice. The petitioners have further prayed for stay of the entire proceedings relating to Criminal Case No.384 of 2022 (Raj Kumari vs. Krishna Gopal and others), under Sections 419, 420, 467, 468 & 471 I.P.C., Police Station-Amethi, District-Amethi, so far as it relates to the present petitioners, pending before the learned Judicial Magistrate, Room No.23, Sultanpur, Amethi, in the interest of justice.

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5. Learned counsel for the petitioners has stated that the dispute in question is purely of civil nature and so as to exert pressure upon the petitioner the recourse of criminal proceedings have been taken. He has further submitted that the opposite party No.2/ complainant is mother of the petitioner No.2 and the mother-in-law of the petitioner No.1. He has also submitted that the dispute in question may be settled amicably through mediation, therefore, it may be referred to the Mediation & Conciliation Centre of this Court.

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6. It is trite law that without seeking consent of the parties concerned, the matter may not be sent to the Mediation &

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Conciliation Centre for mediation.

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7. List this case on 23.04.2024. On that date, the petitioners and the opposite party No.2 (Smt. Raj Kumari) shall appear in person before this Court to apprise the Court as to whether they are willing to settle their dispute amicably through mediation.

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8. Till the next date of listing, the further proceedings of Criminal Case No.384 of 2022; Raj Kumari vs. Krishna Gopal and others; (supra) shall remain stayed, so far as it relates to the present petitioners.

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9. The Station House Officer, Police Station-Amethi, DistrictAmethi shall ensure the presence of opposite party No.2 (Smt. Raj Kumari) before this Court on the date fixed and the learned Additional Government Advocate shall apprise the Station House Officer concerned about the order passed by this Court telephonically or any other mode of service for its compliance.

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10. If in any case the physical condition of opposite party No.2 is not proper, her willingness to settle the dispute through mediation at Mediation & Conciliation Centre of thisCourt may be apprised to the Court by her counsel.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 15.3.2024 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Susheela Devi and Another v. State of U.P. Thru. Addl. Chief Secy. Home Govt. Lko and Another

Case brief

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Smt. Susheela Devi and Another v. State of U.P. Thru. Addl. Chief Secy. Home Govt. Lko and Another

Case brief

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