Disposed

Harsh Mishra and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC27 Apr 2024A482/3885/2024

Case brief

AI extract

What is this about?

The High Court referred a criminal case under Sections 498-A, 323, 504, 506 IPC and Dowry Prohibition Act to its Mediation and Conciliation Centre, noting the matrimonial nature of the dispute. The court directed the applicants to deposit Rs. 25,000 for mediation expenses and kept the criminal proceedings in abeyance for two months pending the mediator's report.

What did the court decide?

Case referred to Mediation and Conciliation Centre; criminal proceedings kept in abeyance for two months.

Harsh Mishra and Another vs State of U.P. Thru. Prin… — Domestic Violence | Allahabad HC (2024)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 3885 of 2024

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Applicant :- Harsh Mishra And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mayank Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Mayank Pandey, learned counsel for the applicants, Ms. Ankita Tripathi, learned A.G.A for the State and perused the record.

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Learned counsel for the applicants prays for and is permitted to implead the other applicants in the array of parties during the course of the day. He further prays for and granted a week's time to file power on their behalf.

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The applicants in the present application under Section 482 Cr.P.C are seeking quashing of the entire proceedings of Case No.3019 of 2024, Case Crime No.466 of 2024, under Sections 498-A, 323, 504, 506, 406 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali Dehat, District Sultanpur as well as to quash the summoning order dated 06.02.2024 alongwith charge sheet.

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Submission of learned counsel for the applicants is that the matter relates to matrimonial dispute and the applicants have all the intentions to settle the same amicably. Applicants' counsel strenuously urged that this case may be referred to the Mediation Centre of this Court so that the couple may have a chance to settle their dispute on their own terms through mediation.

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The Court is also satisfied on the basis of the record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through process of mediation and an attempt ought to be made to explore that possibility.

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Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court, Lucknow. Learned counsel for the applicants will submit the copy of the present application alongwith affidavit within three weeks from today at the Mediation and Conciliation Centre and the Mediation and Conciliation Centre will issue notice to both the parties within a

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week thereafter fixing date in the case. The mediator is allowed two months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.

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Put up this case on 22.08.2024 before appropriate Bench along with report of the mediator.

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Till the next date of listing, the proceedings of the aforesaid case i.e. Case No.3019 of 2024, Case Crime No.466 of 2024, under Sections 498-A, 323, 504, 506, 406 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali Dehat, District Sultanpur shall be kept in abeyance in respect of the applicants subject to the deposition of Rs.25,000/- as expenditure within three weeks by way of a bank draft to the Mediation Centre. It is directed that out of Rs.25,000/deposited by the applicants, Rs.20,000/- shall be handed over to the opposite party no.2 on her first appearance and Rs.5,000/shall be kept by the Mediation Centre.

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This case shall not be treated as tied up or part heard with this Bench.

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Order Date :- 27.4.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Harsh Mishra and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Harsh Mishra and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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