Remanded

Rajdeep Srivastava v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC1 May 2024A482/3975/2024

Case brief

AI extract

What is this about?

The applicant sought quashing of proceedings under the Domestic Violence Act and CrPC Section 125(3). The court, noting the matrimonial nature, referred the matter to the Mediation Centre, kept proceedings in abeyance, and directed deposit of Rs. 35,000.

What did the court decide?

Proceedings referred to Mediation Centre; proceedings kept in abeyance on deposit of Rs. 35,000.

Rajdeep Srivastava vs State of U.P. Thru. Prin. Secy… — Domestic Violence | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:33914

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 3975 of 2024

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Applicant :- Rajdeep Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Surendra Kumar Tripathi,Hari Krishna Srivastava,Nishant Singh,Sweta Swarankar Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Surendra Kumar Tripathi, learned counsel for the applicant, Sri Veer Bhan Singh, learned A.G.A.-I for the State and perused the record.

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Ms. Faiqa Khan, Advocate has put in appearance on behalf of the opposite party no.2 and submits that she has instructions from her client to appear in this case. She prays for and is allowed 48 hours time to file vakalatnama.

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The applicant in the present application under Section 482 Cr.P.C is seeking quashing of the entire proceedings of Complaint Case No.338 of 2013, under Section 12 of Domestic Violence Act, Police Station Indira Nagar, District Lucknow pending before learned A.C.J.M.-IInd, Lucknow as well as to quash the proceedings of Case No.288/2006, under Section 125(3) Cr.P.C. pending before the learned Additional Principal Judge-5, Family Court, Lucknow.

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Submission of learned counsel for the applicant is that the matter relates to matrimonial dispute and the applicant has all the intentions to settle the same amicably. Applicant's 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

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the applicant will submit the copy of the present application alongwith affidavit within three weeks from today at the Mediation and Conciliation Centre. The parties are also directed to appear before the Mediation and Conciliation Centre on 21.05.2024. There is no need of issuing notice to the parties by the learned Mediator as the order is being passed in presence of counsel of the respective parties. 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 cases i.e. Complaint Case No.338 of 2013, under Section 12 of Domestic Violence Act, Police Station Indira Nagar, District Lucknow pending before learned A.C.J.M.-IInd, Lucknow as well as Case No.288/2006, under Section 125(3) Cr.P.C. pending before the learned Additional Principal Judge-5, Family Court, Lucknow shall be kept in abeyance in respect of the applicant subject to the deposition of Rs.35,000/- as expenditure within three weeks by way of a bank draft to the Mediation Centre. It is directed that out of Rs.35,000/deposited by the applicant, Rs.30,000/- 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 :- 1.5.2024 Saurabh

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

Rajdeep Srivastava v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Rajdeep Srivastava v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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