Disposed

Rajoo Vishwakarma and 5 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC5 Jan 2024A482/26/2024

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. to quash charge sheet and cognizance in a dowry/cruelty case arising from a matrimonial dispute. Both parties consented; the court referred the matter to the Mediation and Conciliation Centre, Lucknow Bench, with directions for appearance and release of deposited costs, continuing interim protection.

What did the court decide?

Matter referred to Mediation and Conciliation Centre; deposited Rs.25,000 released to opposite party no.2 on her application; interim order continuing.

Rajoo Vishwakarma and 5 Others vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 26 of 2024

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Applicant :- Rajoo Vishwakarma And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Faizal Hashmi Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for the petitioners and learned AGA for the State.

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Sri Vivek Kumar Pandey has filed his Vakalatnama today on behalf of the O.P. No.2, which is taken on record.

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This Court has passed order on 24.1.2024 which reads as under:-

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"1. Heard.

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2. This Court has passed order dated 05.01.2024, which reads as under:-

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"1. Heard learned counsel for the petitioners and learned AGA for the State.

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2. Issue notice to opposite party no.2 returnable at an early date.

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3. Steps within a week.

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4. Office to proceed accordingly.

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5. This petition under Section 482 Cr.P.C. has been filed for quashing of the charge sheet dated 24.03.2023 alongwith the cognizance order dated 23.05.2023 passed by the Civil Judge (J.D.)/F.T.C.-I, Gonda as well as the proceedings of Case No.WS 10115 of 2023 arising out of Case Crime No.0015 of 2023, under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 Dowry Prohibition Act, Police StationMahila Thana, District- Gonda.

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6. Learned counsel for the petitioners has submitted that the impugned criminal proceedings are an outcome of a matrimonial dispute between the parties and parties have every hope, to the best of his instructions, that the issue may be settled amicably through Mediation and Conciliation Centre of this Court.

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7. Before sending the issue to the Mediation and

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Conciliation Centre, consent of the parties would be required. Therefore, on the next date fixed, petitioner no.1 and opposite party no.2 shall appear in person for the purposes of giving consent for sending the matter to the Mediation and Conciliation Centre of this Court for amicable solution. The petitioners are directed to deposit a sum of Rs.25,000/- (Rupees twenty five thousand) in the Mediation and Conciliation Centre of this Court within fifteen days from today.

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8. List on 24.01.2024.

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9. On the said date, petitioner no.1 and opposite party no.2 shall appear in person before this Court.

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10. The Station House Officer, Police Station - Kotwali Nagar, District- Gonda shall intimate to opposite party no.2 about the date fixed by this Court.

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11. Learned AGA shall intimate this order to the S.H.O. concerned telephonically/ e-mail/ any other convenient mode for its compliance.

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12. Till the next date of listing, the petitioners shall not be compelled to appear before the court below pursuant to the aforesaid criminal case."

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3. In compliance of the aforesaid order, petitioner no.1-Rajoo Vishwakarma is present in person. However, opposite party no.2, namely, Archana Sharma is not present. The petitioners have deposited a sum of Rs.25,000/- as receipt to this effect has been filed with the order sheet.

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8. List again on 16.02.2024.

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9. On that date, petitioner no.1-Rajoo Vishwakarma, who is present today and opposite party no.2, namely, Archana Sharma D/o Ram Sagar, R/o Madhopuram, Ranijot near Vaishnavi School, Kotwali Nagar, District- Gonda shall appear in person before this Court in terms of earlier order.

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10. The Station House Officer, Police Station - Kotwali Nagar, District- Gonda shall intimate this order to opposite party no.2.

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11. Learned AGA shall intimate this order to the S.H.O. concerned telephonically/ e-mail/ any other convenient mode for its compliance.

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12. Till the next date of listing, interim order granted earlier shall continue.

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13. In the meantime, office shall also file service report."

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In compliance of the aforesaid order, Sri Rajoo Vishwakarma the petitioner No.1 and Smt. Archana Sharma O.P. No.2 are present in person.

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In compliance of the aforesaid order, the petitioner No1 has deposited a sum of Rs.25,000/- on 18.1.2024 as receipt to that effect has been enclosed with the ordersheet.

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Learned counsel for the parties have stated that they are ready to settle their dispute amicably through mediation, therefore, the matter may be referred to Mediation and Conciliation Centre, High Court, Lucknow Bench, Lucknow.

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Accordingly, the matter is referred to Mediation and Conciliation Centre, High Court, Lucknow Bench, Lucknow. The parties shall remain present before the Mediation Centre on 4.3.2024 as that would be the first date of mediation. Thereafter, the mediation shall be conducted and concluded expeditiously and preferable within a period of ten weeks from the first date of mediation. The parties shall cooperate in the mediation proceedings and shall not take unnecessary adjournment. After completion of mediation proceedings, the Mediator shall submit its report.

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The O.P. No.2 Smt. Archana Sharma shall file an application for release of the amount of Rs.25,000/- and on her application, the deposited amount of Rs.25,000/- shall be released in her favour.

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List this case on 20.5.2024.

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Till the next date of listing, the interim order to continue.

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(Rajesh Singh Chauhan, J.)

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Order Date :- 16.2.2024 Rajneesh JR-PS)

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Digitally signed by :- RAJNEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Rajoo Vishwakarma and 5 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Rajoo Vishwakarma and 5 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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