Disposed

Smt Kiran Devi and 2 Other v. State of U.P. and Another

Allahabad HC6 Dec 2024A482/27886/2024

Case brief

AI extract

What is this about?

The High Court referred a 482 Cr.P.C. application to the Mediation Centre for a dispute arising out of matrimonial nature offences under IPC 323, 498A, 504, 506 and D.P. Act. The court directed the deposit of Rs.35,000/- by the applicants to initiate mediation proceedings.

What did the court decide?

Matter referred to Mediation Centre; deposit of Rs.35,000/- directed from applicants.

Smt Kiran Devi and 2 Other vs State of U.P. and… — Service and Employment | Allahabad HC (2024)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 27886 of 2024

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Applicant :- Smt Kiran Devi And 2 Other Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Akhilesh, learned counsel for the applicants and Sri Brijesh Kumar Dwivedi, learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the summoning order dated 29.11.2022 in Complaint Case No.639 of 2022 (Kiran @ Usha Kiran Vs. Devendra & others), under Sections 323, 498A, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station, Hathras Kotwali, District Hathras, pending in the Court of Chief Judicial Magistrate, Hathras.

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Contention of learned counsel for the applicants is that the present proceeding is arising out of the offence which is matrimonial in nature, and therefore, the matter may be referred to the Mediation Centre. It is further submitted that the present applicants are mother-in-law and brother-in-law of opposite party no.2. However, it is submitted that the dispute is matrimonial in nature and they want to settle the dispute through mediation. It is further submitted that though husband of opposite party no.2 Devendra has already been released on bail, therefore, he is not party in the present application but he shall participate in the mediation proceedings.

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In view of the above, the 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 the 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.

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Issue notice to opposite party no.2.

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After depositing the aforesaid amount within aforementioned time, notices shall be issued to the parties fixing some date for

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mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously.

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List in the week commencing 27.01.2025.

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It is further provided, if applicant files receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicants in the aforesaid case, till the next date of listing.

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It is also made clear that in case the applicants fail to submit the receipt of the aforesaid deposit before the court below then the court below is free to proceed against the applicants.

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Order Date :- 6.12.2024 Mini

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Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad

Smt Kiran Devi and 2 Other v. State of U.P. and Another

Case brief

What is this about?

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Smt Kiran Devi and 2 Other v. State of U.P. and Another

Case brief

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