Disposed

Chhotu Kumar and 8 Others v. State of U.P. and Another

Allahabad HC12 Dec 2024A482/42734/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC seeking quashing of a charge sheet and proceedings in a matrimonial dispute under Sections 498A, 323, 504, 506 IPC and Sections 3/4 Dowry Prohibition Act was referred by the court to the Mediation Centre, with interim stay of coercive action.

What did the court decide?

Referral to mediation; interim stay of coercive action against applicants conditional on deposit of Rs.25,000/- within four weeks.

Chhotu Kumar and 8 Others 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. - 42734 of 2024

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Applicant :- Chhotu Kumar And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Patel,Mayank Raj Jatouliya

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Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Deepak Kumar Patel, 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 12.03.2024, cognizance order dated 17.05.2024 as well as entire proceedings of Case No.8440 of 2024, (State vs. Chhotu Kumar and Others), arising out of Case Crime No.155 of 2023, under Sections 498A, 323, 504, 506 I.P.C. & Section 3/4 of D.P. Act, P.S. Mahila Thana, District-Agra, pending in the court of Civil Judge (J.D.)/FTC, Court No.1, Agra.

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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.25,000/- 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.25,000/- 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

Chhotu Kumar and 8 Others v. State of U.P. and Another

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Chhotu Kumar and 8 Others v. State of U.P. and Another

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