Remanded

Irshad Ahmad v. State of U.P. and Another

Allahabad HC17 Oct 2024A482/28003/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash proceedings in a complaint involving dowry and cruelty charges. The court, noting the matrimonial nature of the dispute, referred the matter to the Mediation and Conciliation Centre with a condition for the applicant to deposit a sum for settlement.

What the court decided

AI extract

Irshad Ahmad vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 28003 of 2024

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Applicant :- Irshad Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajeet Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Ajeet Kumar Srivastava, learned counsel for the applicant as well as Sri Pankaj Saxena, learned A.G.A. for the State and perused the record.

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The present 482 Cr.P.C. application has been filed to quash the impugned notice and order dated 12.12.2018 as well as entire proceedings of Complaint No. 431 of 2017 (Neyaz Ahmad vs. Irshad Ahmad), under Sections 498A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Phoolpur, District Azamgarh pending in the court of Fast Track Court, Mahila, Azamgarh.

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At the very outset, learned counsel for the applicant as well as learned counsel for the informant submits that the present dispute is a matrimonial dispute between the parties which may be settled through mediation, therefore, this matter may be referred to the Mediation and Conciliation Centre, Allahabad High Court. It is further submitted that the applicant work as a labourer in Mumbai, therefore, he has not received any summon or warrant and he came to know about the present proceedings on 25.07.2024 itself.

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Considering the aforesaid request and nature of the case, the present matter is referred to the Mediation and Conciliation Centre, High Court Allahabad, subject to the condition that the applicant will deposit a sum of Rs.30,000/- within two weeks from today with the Mediation Centre out of which Rs.25,000/- 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.

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After depositing the aforesaid amount within aforementioned time, notices shall be issued to the parties fixing some date for mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings

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expeditiously, preferably within a period of two months.

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List in the week commencing 16.12.2024 along with the report of Mediation Centre.

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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 applicant in Complaint No. 431 of 2017 (Neyaz Ahmad vs. Irshad Ahmad), under Sections 498A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Phoolpur, District Azamgarh pending in the court of Fast Track Court, Mahila, Azamgarh, till the next date of listing.

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

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Order Date :- 17.10.2024

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Kumar Manish.

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Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad

Irshad Ahmad v. State of U.P. and Another

Case brief

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What the court decided

Irshad Ahmad v. State of U.P. and Another

Case brief

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