Disposed

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

Allahabad HC2 Dec 2024A482/35120/2024

Case brief

AI extract

What is this about?

This Section 482 Cr.P.C. application to quash criminal proceedings arising from a matrimonial dispute was disposed of by referring the matter to the Mediation & Conciliation Centre. The applicant was directed to deposit Rs. 15,000 to facilitate the mediation notice to the opposite party.

What did the court decide?

Matter referred to Mediation Centre; applicant directed to deposit Rs. 15,000; no coercive action till next listening.

Mukesh Kumar and 2 Others vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 35120 of 2024

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

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard learned counsel for the applicant(s) and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 09.08.2023 and cognizance/summoning order dated 09.11.2023 passed by Additional Civil Judge (Senior Division), Court No.3, Ghaziabad in Case No.2978 of 2023 (State vs. Mukesh Kumar and Others), arising out of Case Crime No.0435 of 2023, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Sihani Gate, District Ghaziabad, pending before the court of Additional Chief Judicial Magistrate-III, Ghaziabad.

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Learned counsel for the applicant(s) submits that the dispute between the parties is a matrimonial dispute and in case, the matter is referred for mediation, the parties may get an opportunity to amicably settle their dispute. He, therefore, submits that in view of the peculiar facts and circumstances of the present case, it will be in the interest of both the parties that the party may be referred for mediation to the Mediation Centre, High Court, Allahabad.

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Learned A.G.A. has no objection to this proposition.

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Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicant(s) is/are directed to deposit a sum of Rs.15,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within a period of one month from today. After deposit of the aforesaid amount, office shall send a notice to the opposite party no.2 calling upon her to appear in the mediation proceedings. Total amount of Rs. 15,000/- shall be payable to the opposite party no.2 on her appearance twice before the Mediation and Conciliation Centre. The Mediation Centre will submit its report in the matter within three months.

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

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List this case after three months alongwith the report of Mediation Centre.

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Till the next date of listing, no coercive action shall be taken against the applicant(s) in the aforesaid case.

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If the amount, as directed above, is not deposited by the applicant(s) within the aforesaid period, the stay order shall automatically come to an end and the office shall immediately list this case for further orders before the Court.

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Order Date :- 2.12.2024 Neeraj

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

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

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

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