Disposed

Magendra Kumar Sharma Alias Umesh Chandra and Another v. State of U.P. and Another

Allahabad HC18 Oct 2024A482/33740/2024

Case brief

AI extract

What is this about?

In this temporary order on a Section 482 Cr.P.C. application, the High Court of Judicature at Allahabad referred the matter to a Mediation Centre in matrimonial dispute under Sections 498 and 323 I.P.C. The court directed the applicant to deposit Rs. 30,000/- to fix mediation dates and stayed coercive action on compliance.

What did the court decide?

No coercive action while receipt of Rs. 30,000/- deposit is submitted; matter referred to Mediation Centre for conciliation.

Magendra Kumar Sharma Alias Umesh Chandra and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 33740 of 2024

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Applicant :- Magendra Kumar Sharma Alias Umesh Chandra And Another

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Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogesh Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Shri Yogesh Kumar Tiwari, learned counsel for the applicants and Shri Pankaj Shrivastava, learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the summoning order dated 28.09.2022 as well as the entire proceedings of Complaint Case No. 4660 of 2022 (Beena Devi versus Magendra Kumar Sharma and another) under Sections 498, 323 I.P.C. and Section 3/4 of D.P. Act, Police Station-Nidhauli Kalan, District-Etah pending in the court of Additional Chief Judicial Magistrate (S.D.), Jalesar, Etah.

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Contention of learned counsel for the applicants is that the present proceeding is arising out of the offence which is matrimonial in nature, and therefore, the matter may be referred to the Mediation Centre.

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4. Issue notice to opposite party no.2.

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In view of the above, the matter is referred to the Mediation Centre, High Court Allahabad, subject to the condition that the applicant will deposit a sum of Rs.30,000/- within two weeks from today with the Mediation Centre, out of which Rs.25,000/- shall be paid to the opposite party no.2 on her appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.5,000/- shall be retained by the mediation center towards its expenses.

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After depositing the aforesaid amount within aforementioned time, notices shall be issued to the parties fixing some date for mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months.

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7. List in the week commencing 16.12.2024 .

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It is further provided, if applicant files receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicants in Complaint Case No. 4660 of 2022 (Beena Devi versus Magendra Kumar Sharma and another) under Sections 498, 323 I.P.C. and Section 3/4 of D.P. Act, Police Station-Nidhauli Kalan, District-Etah pending in the court of Additional Chief Judicial Magistrate (S.D.), Jalesar, Etah, till the next date of listing.

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It is also made clear that in case the applicants fail to submit the receipt of the aforesaid deposit before the court below then the court below is free to proceed against the applicants.

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Order Date :- 18.10.2024 SY

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Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad

Magendra Kumar Sharma Alias Umesh Chandra and Another v. State of U.P. and Another

Case brief

What is this about?

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Magendra Kumar Sharma Alias Umesh Chandra and Another v. State of U.P. and Another

Case brief

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