Disposed

Balram @ Raju v. State of U.P. Thru. Prin.Secy. Home and Another

Allahabad HC17 Jan 2024A482/384/2024

Case brief

AI extract

What is this about?

The Court directed submission of the applicant to the Mediation and Conciliation Centre for settlement of matrimonial disputes arising in Criminal Cases 307/2021 and 373/2021, subject to dispute resolution regarding maintenance payments.

What did the court decide?

Directions sent to Mediation and Conciliation Centre for amicable settlement; Rs. 35,000 deposit directed toward maintenance clearance.

Balram @ Raju vs State of U.P. Thru. Prin.Secy. Home and… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 384 of 2024

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Applicant :- Balram @ Raju Opposite Party :- State Of U.P. Thru. Prin.Secy. Home And Another Counsel for Applicant :- Vikas Yadav,Shiv Bhagwan Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard.

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Sri Ramakar Shukla has filed his Vakalatnama on behalf of the O.P. No.2 which is taken on record.

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This Court has passed order on 17.1.2024 which reads as under:-

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"1. Heard learned counsel for the petitioner and learned AGA for the State.

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

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3. Steps within a week.

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4. Office to proceed accordingly.

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5. By means of this petition filed under Section 482 Cr.P.C., the petitioner has prayed the following main reliefs:-

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"(i) To quash the impugned summoning order dated 25.06.2021 passed by the learned Judicial Magistrate, Court No. 27, Sultanpur, in a very illegal and arbitrary manner Under Section 498-A, 323, 504, 506 I.P.C., and 3, & 4 of Dowry Prohibition Act, 1961 Police StationHaliyapur, District- Sultanpur, in Criminal Case No. 307 of 2021 (State versus Balram @ Raju and others), as contained in Annexure No. 1, in the interest of justice.

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(ii) To Quash the charge sheet dated 22.02.2021 and the entire proceeding of Criminal Case No. 307 of 2021 (State versus Balram @ Raju and others) arising out of Case Crime/F.I.R. No. 09/2021, Under Section 498-A, 323, 504, 506 I.P.C., and 3 & 4 of Dowry Prohibition Act, 1961 Police Station- Haliyapur, District- Sultanpur, as contained in Annexure No. 3, in the interest of justice.

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(iii) To quash the recovery warrant dated 30.11.2023 issued in Criminal Misc. Case No. 373/2023 "Parvati @Guddan and Another Versus Balram @ Raju," and as well as the

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entire proceedings of the Criminal Misc. Case No. 373/2023 "Parvati @ Guddan and Another Versus Balram @ Raju" under section 128 of Cr.P.C., as contained in Annexure No.2, in the interest of justice."

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6. Learned counsel for the petitioner has submitted that the impugned criminal proceedings are an outcome of a matrimonial dispute between the parties and parties have every hope, to the best of his instructions, that the issue may be settled amicably through Mediation and Conciliation Centre of this Court.

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7. Before sending the issue to the Mediation and Conciliation Centre, consent of the parties would be required. Therefore, on the next date fixed, the petitioner and opposite party no.2 shall appear in person for the purposes of giving consent for sending the matter to the Mediation and Conciliation Centre of this Court for amicable solution. The petitioner is directed to deposit a sum of Rs.35,000/- (Rupees thirty five thousand) in the Mediation and Conciliation Centre of this Court within three weeks from today.

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8. List on 01.05.2024.

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9. On the said date, the petitioner and opposite party no.2 shall appear in person before this Court.

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10. The Station House Officer, Police Station - Haliyapur, DistrictSultanpur shall intimate this order to opposite party no.2.

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11. Learned AGA shall intimate this order to the S.H.O. concerned telephonically/ e-mail/ any other convenient mode for its compliance.

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12. Till the next date of listing, the petitioner shall not be compelled to appear before the court below pursuant to the aforesaid criminal case. "

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In compliance of the aforesaid order, Balram @ Raju the petitioner and O.P. No.2, Parvati @ Guddan are present in person. The O.P. No.2 is carrying her five years old daughter namely Aarya @ Lakshmi. Ms. Ruchi Kumari, Lady Constable, PS Haliyapur, district Sultanpur has ensured the presence of O.P. No.2.

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In terms of the aforesaid order, the petitioner has deposited an amount of Rs.35,000/- on 6.2.2024, a receipt to this effect has been enclosed with the Ordersheet.

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Learned counsel for the parties state that they are ready to settle their dispute amicably, therefore, the matter may be sent to Mediation and Conciliation Centre, High Court, Lucknow Bench, Lucknow. However, the O.P. No.2 has submitted that she has not been paid her amount of maintenance allowance since

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long, therefore, the petitioner may be directed to make payment of her the amount of maintenance allowance in terms of the order passed by the Family Court. On that, the petitioner has stated that since his financial condition was not sound, therefore, entire amount of maintenance allowance shall be paid to the O.P. No.2 but in some short instalments.

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As per request of parties, since the matter is being sent to Mediation and Conciliation Centre, High Court, Lucknow Bench, Lucknow, therefore, the aforesaid aspect may be considered by the Mediator and if the petitioner pays the maintenance allowance amount to the O.P. No.2, she may accept the same before the Mediator. At least, the total outstanding amount as on today against the maintenance allowance, may be paid to the O.P. No.2 expeditiously. Learned counsel for the O.P. No.2 may file application for release of the amount of 35,000/- and if such an application is filed, the O.P. No.2 may be released the said amount of Rs.35,000/-.

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The parties shall remain present before the Mediation and Conciliation Centre, High Court, Lucknow Bench, Lucknow on 23.2.2024 as that would be the first date of mediation. Thereafter, the mediation proceedings shall be conducted and concluded with expeditiously and preferably, within two months. The parties shall cooperate in the mediation proceedings and shall not take unnecessary adjournment so that the mediation proceedings may be concluded properly. After conclusion of mediation proceedings, the Mediator shall submit its report.

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List this case on 1.5.2024 showing in the cause list the name of Sri Ramakar Shukla as learned counsel for the O.P. No.2.

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Till the next date of listing, the interim order to continue.

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It is made clear that in the garb of the aforesaid interim order, the petitioner may not take benefit regarding making payment of maintenance allowance to his wife.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 15.2.2024 Rajneesh JR-PS)

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Digitally signed by :- RAJNEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Balram @ Raju v. State of U.P. Thru. Prin.Secy. Home and Another

Case brief

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Balram @ Raju v. State of U.P. Thru. Prin.Secy. Home and Another

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