Disposed

Dr. Megha Gaurav Shetty Alias Megha Bhujang Shetty and Others v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC25 May 2024A482/4851/2024

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C. application seeking quashing of criminal proceedings arising from a matrimonial dispute, the Court referred the parties to mediation under the Mediation and Conciliation Centre, Allahabad High Court, and stayed the proceedings pending the mediator's report.

What did the court decide?

Referred matter to Mediation and Conciliation Centre, Allahabad High Court; proceedings stayed pending mediation report.

Dr. Megha Gaurav Shetty Alias Megha Bhujang… — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 4851 of 2024

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Applicant :- Dr. Megha Gaurav Shetty Alias Megha Bhujang Shetty And Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ashok Kumar Singh,Nitesh Pratap Malik Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Devashish Bhatt, Advocate has filed his Vakalatnama along with Supplementary affidavit today in Court. The same is taken on record.

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Smt Soma Pandey, Advocate has filed her Vakalatnama on behalf of opposite party No.2 today in Court. The same is taken on record.

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This application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings of Complaint Case No. 662 of 2022: Dr. Gaurav Sudam Shetty Vs. Dr. Megha Gaurav Shetty and others, under Sections 500, 389, 506/34 I.P.C., Police Station Cantt. District Lucknow, pending in the Court of learned Judicial Magistrate-II, Lucknow as well as impugned summoning order dated 06.12.2023 passed by the court of learned Judicial Magistrate-II, Lucknow.

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Learned counsel for the applicants submits that the applicant No.1 is the wife of the opposite party No.2, and is a Doctor and the opposite party No.2 is Colonel in Indian Army (Dental Surgeon) and due to their wedlock one female child is also there, aged about ten years and both the parents are looking forward to build future of their child.

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Both the counsels submits that the parties are filing cases against each other on the advice given by the relatives and friends and from perusal of the FIRs there appears some ego problems between the parties and the entire family is disturb. They submit that one more chance may be given to the parties by this Court for their amicable settlement and the parties may be called before this Court and to sit together to resolve their issues.

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Ms. Ankita Tripathi, learned A.G.A. for the State made an agreement with the proposal given by the learned counsel for the parties and she also submits that one more chance may be given by this Court regarding amicable settlement between the parties by way of Mediation and the parties may be called

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before this Court, so that matter may be settled amicably, as the issues between the parties appears to be very vital and some ego problem appears to be main basis.

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After considering the arguments as advanced by learned counsel for the parties and after perusal of record, this Court is of the view that the matter is purely matrimonial between the husband and wife. The applicant No.1 is the wife of the opposite party No.2, and is a Doctor and the opposite party No.2 is Colonel in Indian Army (Dental Surgeon) and due to their wedlock one female child is also there, aged about ten years. Thus, in the opinion of the Court, both are highly qualified persons, one more chance may be given for their amicable settlement to resolve their issues and also to build the future of the female child, who is aged about ten years.

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Accordingly, the matter is being referred to the Mediation and Conciliation Centre, Allahabad High Court, Lucknow.

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The parties shall appear before the Mediation and Conciliation Centre, Allahabad High Court, Lucknow on 05.07.2024. There is no need to issue notice to the parties, as this order is being passed in presence of both the counsels of the respective parties.

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The mediator is allowed 45 days 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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List this case before the appropriate Bench along with report of the mediator on 30.09.2024.

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In the mean time, learned counsel for the parties may file their objection, if any.

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Till the next date of listing, further proceedings of Complaint Case No. 662 of 2022: Dr. Gaurav Sudam Shetty Vs. Dr. Megha Gaurav Shetty and others, under Sections 500, 389, 506/34 I.P.C., Police Station Cantt. District Lucknow, pending in the Court of learned Judicial Magistrate-II, Lucknow as well as impugned summoning order dated 06.12.2023 passed by the court of learned Judicial Magistrate-II, Lucknow, so far as it relates to present applicant, shall remain stayed.

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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

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Arvind

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Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Dr. Megha Gaurav Shetty Alias Megha Bhujang Shetty and Others v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Dr. Megha Gaurav Shetty Alias Megha Bhujang Shetty and Others v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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