Disposed

Rohit and 4 Othesr v. State of U.P. and Another

Allahabad HC23 Nov 2024A482/36041/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash proceedings in a matrimonial dispute involving Sections 498A IPC and Dowry Prohibition Act. Court referred matter to Mediation Center with a direction to deposit Rs. 20,000/- by the applicant.

What did the court decide?

Application to quash proceedings not granted; case referred to Mediation & Conciliation Centre upon deposit of Rs. 20,000/- and compliance of opposite party appearing twice.

Rohit and 4 Othesr vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 36041 of 2024

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Applicant :- Rohit And 4 Othesr Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Srivastava 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 No.37 of 2024, dated 17.02.2024 and summoning order dated 16.08.2024 as well as the entire proceedings of Case Crime No.0038 of 2024 (State vs. Rohit and Others), under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S.-Dhampur, District Bijnor, pending before the court of Chief Judicial Magistrate, District-Bijnor.

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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. 20,000/- 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. 20,000/- 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 :- 23.11.2024 Jitendra/-

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

Rohit and 4 Othesr v. State of U.P. and Another

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Rohit and 4 Othesr v. State of U.P. and Another

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