Disposed

Ajay Kumar and 2 Others v. State of U.P. and Another

Allahabad HC1 Oct 2024A482/32304/2024

Case brief

AI extract

What is this about?

Husband facing charges under IPC sections and Dowry Prohibition Act sought quashing of trial-court proceedings; court referred the matrimonial dispute to the Allahabad High Court Mediation Centre with a Rs. 30,000 deposit for the wife and stayed the proceedings pending mediation.

What did the court decide?

Proceedings stayed till next date; matter referred to Mediation Centre with Rs. 30,000/- to be deposited for wife on her first appearance.

Ajay Kumar and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 32304 of 2024

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Applicant :- Ajay Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Sri Pramod Kumar Srivastava, learned counsel for the applicants and Sri R.K. Singh, learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to set-aside the entire proceedings of Case No. 296 of 2024, under Sections 498-A, 323, 504, 506 of Indian Penal Code and Section 3/4 of Dowry Prohibition Act, registered at Police Station- Hathgaon, DistrictFatehpur, pending in the court of Civil Judge (Junior Division)/ F.T.C., Fatehpur, as well as order dated 22.04.2024.

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Learned counsel for the applicant submits that the matter relates to matrimonial dispute and applicant no. 1 (husband) is ready and willing to settle the dispute amicably and keep the opposite party no. 2 with him. In order to show his bona fides the applicant no. 1 is ready to deposit Rs. 30,000/- to be handed over to the wife on her first appearance. Learned counsel for the applicant urged that the 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.

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The Court is also satisfied on the basis of 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, Allahabad. The applicant will deposit Rs. 30,000/- within three weeks at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties returnable within a period of four weeks. Out of the same, Rs. 30,000/- shall be handed over to the wife on her first appearance with regard to her maintenance and minimum expenses. Rs. 3,000/- will remain deposited with the Mediation Centre.

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The mediator is allowed three 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 as fresh on 4.2.2025 along with report of the mediator.

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Till the next date of listing, proceeding of aforesaid case shall remain stayed against the applicants.

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It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the applicant in the mediation proceedings, the interim stay order shall stand automatically vacated.

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This case shall not be treated as tied up or part heard to this Court.

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Order Date :- 1.10.2024 A.P. Pandey

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Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad

Ajay Kumar and 2 Others v. State of U.P. and Another

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Ajay Kumar and 2 Others v. State of U.P. and Another

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