Disposed

Nikhil v. State of U.P. Thru.Prin.Secy. Home and Another

Allahabad HC10 Apr 2024A482/3327/2024

Case brief

AI extract

What is this about?

On an application under Section 482 Cr.P.C. seeking quashing of a summoning order in a DV Act case arising from a matrimonial dispute, the Court referred the matter to the Mediation and Conciliation Centre, Lucknow, while keeping the proceedings in abeyance subject to a security deposit. The case is to be listed before an appropriate Bench upon receipt of the mediator's report.

What did the court decide?

Matter referred to Mediation and Conciliation Centre, Lucknow; proceedings kept in abeyance subject to deposit of Rs. 25,000/- security.

Nikhil vs State of U.P. Thru.Prin.Secy. Home and Another — Domestic Violence | Allahabad HC (2024)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 3327 of 2024

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Applicant :- Nikhil Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And Another Counsel for Applicant :- Sarvesh Kumar Pandey,Rajendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Sarvesh Kumar Pandey, learned counsel for the applicant, learned A.G.A for the State and perused the record.

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The applicant in the present application under Section 482 Cr.P.C is seeking quashing of the summoning order dated 28.6.2023 passed in Criminal Complaint Case No. 3352 of 2023, Arti Gupta v. Nikhil Kumar & ors., under Section 12, D.V. Act, Police Station Thakurganj, District Lucknow, pending in the court of learned Addl. Chief Judicial Magistrate, C.B.I. (A.P.), 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.

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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 31.07.2024 before appropriate Bench along with report of the mediator.

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Till the next date of listing, the proceedings of the aforesaid

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Criminal Complaint Case No. 3352 of 2023, Arti Gupta v. Nikhil Kumar & ors., under Section 12, D.V. Act, Police Station Thakurganj, District Lucknow, pending in the court of learned Addl. Chief Judicial Magistrate, C.B.I. (A.P.), Lucknow, including the summoning order dated 28.6.2023 passed therein, shall be kept in abeyance in respect of the applicant Nikhil, subject to the deposition of Rs. 25,000/- as expenditure within 3 weeks by way of a bank-draft to the Mediation Centre. It is directed that out of Rs. 25,000/- deposited by the applicant, Rs. 20,000/- shall be handed over to the opposite party no.2 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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( Shamim Ahmed, J. )

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Order Date :- 10.4.2024 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Nikhil v. State of U.P. Thru.Prin.Secy. Home and Another

Case brief

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Nikhil v. State of U.P. Thru.Prin.Secy. Home and Another

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