Disposed

Mohit Kumar and Another v. State of Up and Another

Allahabad HC21 Oct 2024A482/30842/2024

Case brief

AI extract

What is this about?

The High Court, on an application under Section 482 Cr.P.C., held that a matrimonial dispute arising from divorce-related allegations merits mediation. The court referred the matter to the Mediation & Conciliation Centre, directed a fee deposit, and stayed coercive action pending the outcome.

What did the court decide?

Application referred to Mediation & Conciliation Centre; Rs.30,000 deposit; stay on coercive action pending deposit and report.

Mohit Kumar and Another vs State of Up and Another — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 30842 of 2024

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Applicant :- Mohit Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.

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WITH

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Case :- APPLICATION U/S 482 No. - 30854 of 2024

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Applicant :- Aradhana And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Jitendra Singh, learned counsel for the applicants and Mr. Rizwan Ahmad, learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 11.01.2022 & 28.03.2022 as well as Cognizance order dated 10.08.2023 and the entire proceeding of the Case No.21047 of 2023 (State vs. Mohit Kumar and Others), in Case Crime No.542 of 2021, under Sections 498A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station-Seohara, District- Bijnor, pending in the court of Additional Chief Judicial Magistrate, Court No.2, Bijnor.

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Learned counsel for the applicants submits that present dispute has arisen out of matrimonial discord between the parties. The applicants are having all bona fide intentions to settle the matter amicably with the opposite party and in this regard desires to enter the process of mediation. Learned counsel has expressed full hope that through process of mediation, the applicants shall succeed to ameliorate all grievances of the opposite party no.2. Therefore, the matter may be referred to mediation centre.

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The Court is satisfied on the basis of record and the submissions made before it that the nature of litigation is such that the chances to resolve the matter through process of conciliation do exist and

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an attempt ought to be made to explore that possibility.

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Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicants are directed to deposit a sum of Rs.30,000/- by way of Demand Draft/pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within a period of one month from today. After deposit of the aforesaid amount, office shall send a notice to the opposite party no.2 calling upon her to participate in the mediation proceedings. Out of the said amount, Rs.25,000/- shall be payable to the opposite party no.2 on her appearance twice before the Mediation and Conciliation Centre and remaining Rs.5,000/- shall be payable to the Mediation and Conciliation Centre. The Mediation Centre will submit its report in the matter within three months.

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Issue notice to opposite party no.2.

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List this case after three months along with the report of Mediation Centre.

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Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

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If the amount, as directed above, is not deposited by the applicants within the aforesaid period, the stay order shall automatically come to an end and the office shall immediately list this case for further orders before the Court.

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Order Date :- 21.10.2024 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Mohit Kumar and Another v. State of Up and Another

Case brief

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Mohit Kumar and Another v. State of Up and Another

Case brief

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