Disposed

Sandeep Kumar and 6 Others v. State of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko and Another

Allahabad HC15 Oct 2024A482/4908/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash criminal proceedings under Sections 498-A, 323, 506, 406 IPC and Sections 3/4 Dowry Prohibition Act arising from a matrimonial dispute. The court referred the matter to the Mediation Centre, kept proceedings in abeyance against the applicants pending mediation.

What did the court decide?

Matter referred to Mediation Centre; proceedings kept in abeyance against applicants till next listing on deposit of Rs.20,000/- (Rs.18,000 to opposite party no.2).

Sandeep Kumar and 6 Others vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 4908 of 2024

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Applicant :- Sandeep Kumar And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko And Another Counsel for Applicant :- Jay Prakash Singh Vats,Ajay Kumar Soni Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Jay Prakash Singh Vats, learned counsel for the applicants, Sri Ashok Kumar Singh, 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 entire criminal proceeding of Criminal Case No.226/2024, arising out of Case Crime No.0167/2023, under Section 498-A, 323, 506 and 406 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police StationDileeppur, District-Pratapgarh pending in the court of learned Civil Judge (J.D.)/Judicial Magistrate, Room No.16, Pratapgarh alongwith summoning order dated 01.02.2024 as well as charge sheet dated 20.11.2023 against the applicants.

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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. 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 the applicants will submit the certified copy of this order, 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

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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 15.10.2024 before appropriate Bench along with report of the mediator.

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Till the next date of listing, the proceeding of Criminal Case No.226/2024, arising out of Case Crime No.0167/2023, under Section 498-A, 323, 506 and 406 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Dileeppur, DistrictPratapgarh pending in the court of learned Civil Judge (J.D.)/Judicial Magistrate, Room No.16, Pratapgarh alongwith summoning order dated 01.02.2024 as well as charge sheet dated 20.11.2023 against the applicants shall be kept in abeyance in respect of the applicants subject to the deposition of Rs.20,000/- as expenditure within three weeks by way of a bank draft to the Mediation Centre. It is directed that out of Rs.20,000/- deposited by the applicants, Rs.18,000/- shall be handed over to the opposite party no.2 on her first appearance and Rs.2,000/- shall be kept by the Mediation Centre.

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This case shall not be treated as part heard or tied up to this Bench.

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Order Date :- 27.5.2024 Piyush/-

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Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Sandeep Kumar and 6 Others v. State of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko and Another

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Sandeep Kumar and 6 Others v. State of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko and Another

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