Allowed

Sunny Kumar and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC16 May 2024A482/4509/2024

Case brief

AI extract

What is this about?

Allowed a Section 482 CrPC application to refer matrimonial proceedings under Dowry Prohibition Act and IPC to mediation. Ordered deposit of Rs.35,000 and stayed proceedings until mediation report, with automatic vacation of stay if deposit is not made.

What did the court decide?

Quashed proceedings in terms of mediation referral; stayed criminal proceedings subject to deposit of Rs.35,000.

Sunny Kumar and Another vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2024)

¶1

Court No. - 13

¶2

Case :- APPLICATION U/S 482 No. - 4509 of 2024 Applicant :- Sunny Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Satya Prakash Mishra,Satya Prakash Tiwari Counsel for Opposite Party :- G.A.

¶3

Hon'ble Rajeev Singh,J.

¶4

On 05.12.2024, the following order was passed:

¶5

“ (C.M. Application No. 1 of 2024)

¶6

1. On 16.05.2024, following order was passed.

¶7

"Heard Sri Satya Prakash Mishra, learned counsel for the applicants, Ms. Ankita Tripathi, learned A.G.A for the State and perused the record.

¶8

The applicants in the present application under Section 482 Cr.P.C are seeking quashing of the entire proceedings of Criminal Case No.126845 of 2022, Case Crime No.0296 of 2021, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Aashiyana, District Lucknow as well as to quash the summoning order dated 13.09.2022 and charge sheet no.01/2022.

¶9

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.

¶10

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.

¶11

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 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.

¶12

Put up this case on 24.09.2024 before appropriate Bench along with report of the mediator.

¶13

Till the next date of listing, the proceedings of the aforesaid case i.e. Criminal Case No.126845 of 2022, Case Crime No.0296 of 2021, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Aashiyana, District Lucknow shall remain stayed in respect of the applicants subject to the deposition of

¶14

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 applicants, 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.

¶15

This case shall not be treated as tied up or part heard with this Bench." 2. Cause shown in the affidavit filed in support of the application is sufficient.

¶16

3. The application stands allowed.

¶17

4. One week's time is granted to the learned counsel for the applicant to deposit the amount, as ordered on 16.05.2024.

¶18

5. List this case on 19.12.2024.

¶19

6. On the next date, applicant no. 1 as well as respondent no. 2 shall appear before this Court.

¶20

7. S.H.O., P.S. Ashiyana, District Lucknow is directed to ensure the presence of respondent no. 2-Smt. Archana Kumari Singh w/o Sunny Kumar d/o Shri Ram Niwas Singh, r/o House 136-137 (EWS) Sector-M, Ashiyana, Lucknow before this Court on the next date.

¶21

8. It is made clear that, in case, the amount, as ordered on 16.05.2024 is not filed by the next date, the interim protection granted to the applicants shall automatically vacated.”

¶22

Learned A.G.A. requests that some other date may be fixed for procuring the attendance of private respondents.

¶23

Prayer is allowed.

¶24

List this case on 17.01.2025 at 11.30 a.m. in terms of earlier order dated 05.12.2024 .

¶25

On the next date parties shall appear before this court.

¶26

S.H.O. concerned is directed to ensure the presence of respondent no. 2-Smt. Archana Kumari Singh w/o Sunny Kumar d/o Shri Ram Niwas Singh, r/o House 136-137 (EWS) Sector-M, Ashiyana, Lucknow before this Court on the next date.

¶27

Interim order, granted earlier, shall continue till the next date of listing.

¶28

( Rajeev Singh, J. )

¶29

Order Date :- 19.12.2024/A.Nigam

¶30

Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Sunny Kumar and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Sunny Kumar and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Dr. Ashok Kumar Mishra Vs Mrs. Aradhna Shukla, Addl. Chief Secy. Ayush ANUBHAG-1, Civil Secrtt., Lko.

Mohd. Shahid Vs Sri Rajesh Gautam, Incharge Chief Medical Officer, Bahraich

Shyam Lal and Another Vs Sri Brajesh Chandra Tiwari Inspector SHO P.S-Pgi Lko and Another

Mithlesh Verma vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Ram Kripal Pandey vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and 3 Others

Prem Chandra Verma and Another Vs Brigadier Akhil Dixit and Others