Disposed

Mohit Agarwal and 5 Others v. State of U.P. Thru. Prin. Secy. Minister Home Affairs Lko. and Another

Allahabad HC16 Jan 2024A482/324/2024

Case brief

AI extract

What is this about?

Section 482 petition seeking quashing of criminal proceedings arising from a matrimonial dispute was referred to the High Court's Mediation and Conciliation Centre with both parties' consent; interim protection continued.

What did the court decide?

Case referred to Mediation and Conciliation Centre; Rs.25,000 released to opposite party no.2; interim order continuing till next listing.

Mohit Agarwal and 5 Others vs State of U.P. Thru… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 324 of 2024

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Applicant :- Mohit Agarwal And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Minister Home Affairs Lko. And Another Counsel for Applicant :- Vishwajeet Mishra,Vikas Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for the petitioners, learned AGA for the State and Sri Ajay Kumar, who has filed Vakalatnama on behalf of opposite party no.2. Said Vakalatnama is taken on record.

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This Court has passed the order dated 05.02.2024, which reads as under:-

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"1. Heard.

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2. This Court has passed the order dated 16.01.2024, which reads as under:-

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"1. Heard learned counsel for the petitioners and Ms. Nusrat Jahan, learned AGA for opposite party no.1.

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2. Issue notice to opposite party no. 2 returnable at an early date. Steps within a week.

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3. Office to proceed accordingly.

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4. By means of this petition, the petitioners have prayed for quashing the entire proceedings of Criminal Case No. 80997 /2023 (State vs. Mohit Agarwal & others) arising out of charge sheet no. 1 of 2023 dated 03.04.2023 in Case Crime No. 114/2022 u/s 323, 504, 420 and 498A IPC and 3/4 D.P. Act, P.S. Hussainganj, District Lucknow as well as summoning order dated 26.7.2023 passed by the Ist A.C.J.M., Lucknow.

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5. Learned counsel for the petitioners has submitted that the issue in question is a matrimonial dispute and the same may be settled amicably through Mediation and Conciliation Centre of this Court, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court. Before sending the matter to the Mediation and Conciliation Centre, consent of the parties would be required.

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6. Petitioner no. 1 is directed to deposit Rs. 25,000/- before the Mediation and Conciliation Center of this Court within 15 days from today.

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7. Therefore, list this case on 5.2.2024.

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8. On the said date, petitioner no. 1 and opposite party no. 2 shall appear

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in person before this Court to apprise as to whether they are agreeable for settling the issue through Mediation and Conciliation Centre of this Court.

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9. Station House Officer, P.S. Hussainganj, District Lucknow shall intimate this order to the opposite party no. 2.

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10. The AGA shall inform this order to the S.H.O., P.S. Hussainganj, District Lucknow telephonically, e-mail/ any other convenient mode for its compliance.

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11. Till the next date of listing, the petitioner shall not be compelled to appear before the court concerned pursuant to the aforesaid criminal case."

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3. In compliance of the aforesaid order, Sri Mohit Agarwal (Petitioner No.1) is present in person before the Court, however, no one has appeared on behalf of opposite party No.2 (Smt. Shalini) despite the fact that the Station House Officer, Police Station-Husainganj, Lucknow has apprised the opposite party No.2 about the date fixed as the opposite party No.2 has signed on such letter as has been shown by the learned Additional Government Advocate from his paper-book.

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4. The petitioner has deposited a sum of Rs.25,000/- before the Mediation & Conciliation Centre of this Court, as receipt to this effect has been annexed with the order-sheet.

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5. List again on 19.02.2024. On that date, the petitioner No.1 (Sri Mohit Agarwal) and the opposite party No.2 (Smt. Shalini) shall appear in person before the Court.

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6. The Station House Officer, Police Station-Husainganj, DistrictLucknow shall inform about order passed by this Court to the opposite party No.2 and ensure the presence of the opposite party No.2 before this Court on the date fixed.

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7. The learned Additional Government Advocate shall apprise the Station House Officer concerned, about the order passed by this Court telephonically or any other mode of service for its compliance.

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8. In the meantime, learned counsel for the petitioners may take steps within two days and office shall file its office report on the next date.

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9. Interim order, if any, to continue till the next date of listing."

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In compliance of the aforesaid order, petitioner no.1- Mohit Agarwal and opposite party no.2-Smt. Shalini are present in person. The order sheet reveals that in terms of the order of this Court, the petitioners have deposited a sum of Rs.25,000/- as receipt thereof has been enclosed with the order sheet.

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On being asked, the petitioner no.1 and the opposite party no.2 have stated that they are willing to settle their disputes through Mediation and Conciliation Centre of this Court.

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Having considered the arguments of the parties and their

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counsel, the present case is referred to the Mediation and Conciliation Centre of this Court. The parties concerned shall remain present before the Mediation and Conciliation Centre of this Court on 07.03.2024 and that would be the first date of mediation. Thereafter, the mediation proceedings shall be conducted and concluded with expedition, preferably within a period of two months by fixing short dates. Parties are directed to cooperate with the mediation proceedings. It is also directed that learned counsel for opposite party no.2 shall file an application before the Senior Registrar of this Court/ Mediation Centre for release of the aforesaid amount of Rs.25,000/- and on such application, opposite party no.2 shall be released the sum of Rs.25,000/- after being verified by her counsel. After completion of the mediation proceedings, the Mediator(s) shall submit its report.

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List this case on 14.05.2024.

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When the case is next listed, name of Sri Ajay Kumar shall be printed in the cause list as counsel for opposite party no.2.

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Till the next date of listing, interim order granted earlier shall continue.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 19.2.2024 RBS/-

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Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Mohit Agarwal and 5 Others v. State of U.P. Thru. Prin. Secy. Minister Home Affairs Lko. and Another

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Mohit Agarwal and 5 Others v. State of U.P. Thru. Prin. Secy. Minister Home Affairs Lko. and Another

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