Disposed

Sunil Pawani Thru. Shyam Pawani v. State of U.P. Thru. Prin. Secy. Home Govt. Civil Secrt. Lko. and 2 Others

Allahabad HC23 Sept 2024A482/3015/2024

Case brief

AI extract

What is this about?

A Section 482 CrPC application seeking quashing of a charge sheet and summoning order in a dowry and cruelty case was referred to the High Court Mediation Centre; interim proceedings were stayed pending the mediator's report.

What did the court decide?

Proceedings in Case Crime No.187/2019 stayed against applicant till next listing, subject to Rs.50,000 deposit to the Mediation Centre; matter referred for mediation with report due in two months.

Sunil Pawani Thru. Shyam Pawani vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 3015 of 2024

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Applicant :- Sunil Pawani Thru. Shyam Pawani Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Civil Secrt. Lko. And 2 Others Counsel for Applicant :- Shailender Singh,Ankit Tiwari,Neelam Singh,Neeta Tripathi,Varun Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Shailender Singh, learned counsel for the applicant, Sri Ashok Kumar Singh, learned A.G.A.-I for the State and perused the record.

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The applicant in the present application under Section 482 Cr.P.C are seeking quashing of the charge sheet and the summoning order in Case Crime No.187/2019, under Sections 498-A, 323, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Chowk, District Lucknow.

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Submission of learned counsel for the applicant is that the matter relates to matrimonial dispute and the applicant has all the intentions to settle the same amicably. Applicant's counsel strenuously urged that this case may be referred to the Mediation Centre of this Court so that the couple may have a chance to settle their dispute on their own terms through mediation. He further submits that the applicant is currently living in United States of America but he has given consent to settle the dispute through mediation.

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The Court is also satisfied on the basis of the record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through process of mediation and an attempt ought to be made to explore that possibility.

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Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court, Lucknow. Learned counsel for the applicant will submit the copy of the present application alongwith affidavit within three weeks from today at the Mediation and Conciliation Centre and the Mediation and Conciliation Centre will issue notice to both the parties within a week thereafter fixing date in the case. The mediator is allowed two months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.

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Put up this case on 08.07.2024 before appropriate Bench along with report of the mediator.

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Till the next date of listing, the proceedings of the aforesaid case i.e. Case Crime No.187/2019, under Sections 498-A, 323, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Chowk, District Lucknow shall be kept in abeyance in respect of the applicant subject to the deposition of Rs.50,000/as expenditure within three weeks by way of a bank draft to the Mediation Centre. It is directed that out of Rs.50,000/deposited by the applicant, Rs.45,000/- shall be handed over to the opposite party no.3 on her first appearance and Rs.5,000/shall be kept by the Mediation Centre.

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This case shall not be treated as tied up or part heard with this Bench.

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Order Date :- 2.4.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Sunil Pawani Thru. Shyam Pawani v. State of U.P. Thru. Prin. Secy. Home Govt. Civil Secrt. Lko. and 2 Others

Case brief

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Sunil Pawani Thru. Shyam Pawani v. State of U.P. Thru. Prin. Secy. Home Govt. Civil Secrt. Lko. and 2 Others

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