Disposed

Vivek Kumar Singh and 3 Others v. State of U.P. and Another

Allahabad HC12 Dec 2024A482/39633/2024

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What is this about?

An application under Section 482 CrPC seeking quashing of proceedings arising from a matrimonial dispute involving Sections 498A IPC and the Dowry Prohibition Act was disposed of. The court directed the applicants to refer the matter to the Mediation & Conciliation Centre of the High Court upon deposit of Rs. 15,000 as mediation fees, staying coercive action until the mediation report is submitted

What did the court decide?

Matter referred to Mediation & Conciliation Centre; applicants directed to deposit Rs. 15,000 within four weeks; coercive action stayed.

Vivek Kumar Singh and 3 Others vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 39633 of 2024

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Applicant :- Vivek Kumar Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sharad Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Sharad Kumar Singh, learned counsel for the applicants and learned A.G.A. for the State.

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This present application has been filed to quash the charge sheet dated 17.01.2023, order dated 01.06.2024 as well as entire proceedings of Case No.3300 of 2024, (State vs. Vivek Kumar Singh and others), arising out of Case Crime No.169 of 2022, under Sections 498A, 323, 504 I.P.C. & Section 3/4 of D.P. Act, P.S. Kamalganj, District-Fatehgarh/Farrukhabad, pending in the Court of Additional Chief Judicial Magistrate, Court No.9, Farrukhabad.

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Learned counsel for the applicants 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 applicants 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 four weeks 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. The aforesaid amount of Rs.15,000/- shall be payable to the opposite party no.2 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 applicants in the aforesaid case.

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If the amount, as directed above, is not deposited by the applicants 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 :- 12.12.2024 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Vivek Kumar Singh and 3 Others v. State of U.P. and Another

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Vivek Kumar Singh and 3 Others v. State of U.P. and Another

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