Disposed

Dev Kumar @ Pintu and Another v. State of Up and Another

Allahabad HC5 Dec 2024A482/35909/2024

Case brief

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What is this about?

Application under Section 482 Cr.P.C. to quash proceedings in a complaint case involving charges under Sections 498A and 323 IPC and Sections 3/4 of the Dowry Prohibition Act. The court, observing the matrimonial nature of the dispute, referred the matter to the Mediation Centre subject to a condition of depositing a sum of Rs. 35,000.

What the court decided

AI extract

Dev Kumar @ Pintu and Another vs State of Up and Another — Allahabad HC (2024) — LawSathi Research

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 35909 of 2024

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Applicant :- Dev Kumar @ Pintu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Anil Kumar Tiwari, learned counsel for the applicants and Sri Brijesh Kumar Dwivedi, learned AGA for the State.

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The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No.3085 of 2021 (Smt. Prabha Kumari @ Poonam Vs. Dev Kumar @ Pintu & Others), under Sections-498, 323 IPC and Section3/4 of Dowry Prohibition Act, Police Station-Fatehganj West, Bareilly, pending in the court of learned Additional Chief Judicial Magistrate, Court No.5, Bareilly as well as summoning order dated 25.01.2024.

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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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In view of the above, the matter is referred to the Mediation Centre, High Court Allahabad, subject to the condition that the applicants will deposit a sum of Rs.35,000/- within two weeks from today with the Mediation Centre, out of which Rs.30,000/- 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.

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Balance Rs.5,000/- shall be retained by the mediation center towards its expenses.

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Issue notice to opposite party no.2.

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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.

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List in the week commencing 04.02.2025.

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It is further provided, if applicants file receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicants in the aforesaid case, 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 :- 5.12.2024 S.Chaurasia

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Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad

Dev Kumar @ Pintu and Another v. State of Up and Another

Case brief

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Dev Kumar @ Pintu and Another v. State of Up and Another

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