Disposed

Amit Alias Amit Kumar and 4 Others v. State of U.P. Thru. the Prin. Secy. Home, U.P. Govt. Lucknow and Another

Allahabad HC16 Jan 2024A482/318/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court clubbed the instant proceeding with a related application (No. 9964 of 2023). The court stayed the impugned summoning order pending a mediation report from designated mediators within three months, directing parties to cooperate for a settlement.

What did the court decide?

Stayed summoning order dated 25.04.2022 pending mediation report; proceedings clubbed with Application No. 9964 of 2023.

Amit Alias Amit Kumar and 4 Others vs State of… — Writ and Judicial Review | Allahabad HC (2024)

¶1

Court No. - 28 Case :- APPLICATION U/S 482 No. - 318 of 2024 Applicant :- Amit Alias Amit Kumar And 4 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home, U.P. Govt. Lucknow And Another Counsel for Applicant :- Anil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rahul Chaturvedi,J.

¶2

Heard learned counsel for the applicants and learned A.G.A. for the State.

¶3

The instant application is being moved by the applicant invoking the powers of Section 482 Cr.P.C. to set aside the impugned summoning order dated 25.04.2022 passed by Civil Judge (S.D.) F.T.C./Additional Chief Judicial Magistrate Unnao in Complaint Case No. 411 of 2020, under section 498A, 323, 504 IPC and Section 3/4 D.P.Act, P.S. Behta Mujawar, District Unnao.

¶4

From the record it is clear that opposite party no.2 misusing the procedure laid down in the Cr.P.C., who initially has filed FIR under Section 498A, 323, 504 IPC and Section 3/4 D.P.Act, P.S. Behta Maujawar, District Unnao, thereafter the same lady have also initiated a complaint case under the same sections against the same set of accused persons on the different dates.

¶5

The applicant ought to have moved an application under Section 210 Cr.P.C. for clubbing both the proceeding, however while allowing the summoning order dated 25.04.2022, the learned Additional CJM, Unnao have summoned the applicants, namely, Amit, Ram Jeewan, Meera, Sarita and Rachna under Sections 498A, 323, 504 IPC and Section 3/4 D.P.Act.

¶6

The under current of both the proceeding is same.

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Let club this proceeding with 482 Application No. 9964 of 2023. since vide order dated 12.10.2023, the matter has already been referred and the mediator are seized with the matter.

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Let parties may appeal before the court concerned.

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It is made clear that the fate and future of both the proceeding shall be depend upon the mediation report.

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It is expected from the learned mediators to settle down the issue as early as possible within next three months.

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List this case in last week of April 2024 before the appropriate Court along with the report of Mediation Centre.

¶12

In order to facilitate the proceeding pursuant to impugned summoning order dated 25.04.2022 shall remain stayed till the next date of listing.

¶13

It is expected from both the parties that they would cooperate and try to come at some amicable settlement between them.

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Order Date :- 16.1.2024/Abhishek Sri

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Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Amit Alias Amit Kumar and 4 Others v. State of U.P. Thru. the Prin. Secy. Home, U.P. Govt. Lucknow and Another

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Amit Alias Amit Kumar and 4 Others v. State of U.P. Thru. the Prin. Secy. Home, U.P. Govt. Lucknow and Another

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