Disposed

Harkesh and 4 Others v. State of Up and Another

Allahabad HC22 Nov 2024A482/34416/2024

Case brief

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What is this about?

The High Court directed the applicants to deposit Rs. 25,000 for mediation fees in a complaint case involving domestic crimes. The matter was remitted to the Mediation Centre to attempt settlement within two months, with directions to cease coercive action pending compliance or default consequences.

What did the court decide?

Matter remitted to Mediation Centre; deposit of Rs. 25,000 ordered with specific allocation; coercive action stayed pending receipt of deposit.

Harkesh and 4 Others vs State of Up and Another — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 34416 of 2024

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Applicant :- Harkesh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Rajput Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Dharmendra Kumar Rajput, learned counsel for the applicants and Sri Uday Bhan, learned AGA for the State.

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The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Complaint Case No. 162 of 2023, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Iglas, District Aligarh.

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Contention of learned counsel for the applicants is that the present matter is matrimonial dispute and the same can be amicably settled through mediation proceeding and a request is made to refer this case to Mediation and Conciliation Centre of this Court.

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Issue notice to the opposite party no. 2, returnable at an early date.

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In view of the above, it is directed that applicants shall deposit a sum of Rs. 25,000/- within 10 days from today with the Mediation Centre of this Court out of which Rs. 20,000/- shall be paid to opposite party no. 2, on the date fixed, for her appearance before the Mediation Centre and Rs. 5000/- be retained by the Mediation Centre as mediation fee.

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The matter is remitted to the Mediation Centre with the direction that after deposit of such amount, by the applicants, it shall issue notice to the parties fixing some date for mediation and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of two months.

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List this case in the week commencing 20.01.2025 before the appropriate Bench along with the report of Mediation Centre.

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After depositing Rs.25,000/- before mediation centre, the receipt

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of the same shall be submitted by the applicants before the court below. In case, such receipt of deposit is filed before the court below then, no coercive action shall be taken against the applicants in the aforesaid case, till next date of listing.

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In case, the applicants fail to submit the receipt of deposit before the court below then court below will be free to proceed in the matter.

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It is made clear that in case there occurs default by the applicants either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter.

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Order Date :- 22.11.2024 A.Kr.

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Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad

Harkesh and 4 Others v. State of Up and Another

Case brief

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Harkesh and 4 Others v. State of Up and Another

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