Remanded

Rajmani and 5 Others v. State of U.P. Thru. Secy. Home Deptt. Sectt. Lko and Another

Allahabad HC25 May 2024A482/4834/2024

Case brief

AI extract

What is this about?

High Court referred an application under Section 482 Cr.P.C seeking quashing of summons and charge sheet in a matrimonial dispute to its Mediation Centre. The Court stayed the proceedings subject to a deposit of Rs.10,000.

What did the court decide?

Matter referred to Mediation Centre; proceedings stayed subject to deposit of Rs.10,000.

Rajmani and 5 Others vs State of U.P. Thru. Secy… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 4834 of 2024

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Applicant :- Rajmani And 5 Others Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Sectt. Lko And Another Counsel for Applicant :- Rakesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Rakesh Kumar, learned counsel for the applicants, Sri Om Prakash, learned A.G.A for the State and perused the record.

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The applicants in the present application under Section 482 Cr.P.C are seeking quashing of the summoning order dated 30.06.2021 and charge sheet no.01/2019 dated 07.09.2019 in Case No.31240 of 2021, Crime No.875 of 2018, under Sections 498-A, 323, 504, 506, 494 I.P.C., Police Station P.G.I., District Lucknow.

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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 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 30.09.2024 before appropriate Bench along

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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.31240 of 2021, Crime No.875 of 2018, under Sections 498-A, 323, 504, 506, 494 I.P.C., Police Station P.G.I., District Lucknow as well as effect and operation of the summoning order dated 30.06.2021 and charge sheet no.01/2019 dated 07.09.2019 shall remain stayed in respect of the applicants subject to the deposition of Rs.10,000/- as expenditure within three weeks by way of a bank draft to the Mediation Centre. It is directed that out of Rs.10,000/deposited by the applicants, Rs.7,000/- shall be handed over to the opposite party no.2 on her first appearance and Rs.3,000/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 :- 25.5.2024 Saurabh

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

Rajmani and 5 Others v. State of U.P. Thru. Secy. Home Deptt. Sectt. Lko and Another

Case brief

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Rajmani and 5 Others v. State of U.P. Thru. Secy. Home Deptt. Sectt. Lko and Another

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