In a Section 482 application regarding a matrimonial dispute, the High Court allowed the stay of criminal proceedings and issued notice to the private respondent for mediation, directing security deposit.
Stay of impugned proceedings; case listed; notice to private respondent; direction to deposit Rs. 25,000.
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Court No. - 12 Case :- APPLICATION U/S 482 No. - 5496 of 2024 Applicant :- Abhinav Sinha Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Gaurav Singh,Abhay Nath Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
Learned counsel for the applicant submitted that marriage of the applicant was solemnized with the private respondent on 25.01.2022 and thereafter she was reluctant to live with the parents of the applicant as the applicant is only son of his parents. When the wife of the applicant refused to take care of his parents then applicant requested not to do this, then on the basis of incorrect facts FIR in question was lodged. In the FIR allegation is also made that applicant is impotent. Learned counsel for the applicant also relied on the medico legal report (Annexure – 6) and submitted sufficient evidences were provided to the Investigating Officer but he failed to consider as he violated the provisions of para 107 of U.P. Police Regulations and all the family members of the applicant have been dragged in the criminal prosecution and charge sheet has been submitted by the Investigating Officer and he also submitted that applicant is also willing to settle the dispute in the mediation before this Court.
Learned A.G.A. vehemently opposed the prayer of the applicant and submitted that after detailed investigation charge sheet has been filed but he does not raise any objection on the point of mediation.
Considering the submissions of the learned counsel for the parties and going through the contents of the petition as well as FIR and other relevant documents including Annexure – 6 as there is a matrimonial dispute between the applicant and private respondent, therefore, possibility of settlement cannot be ruled out.
Issue notice to the private respondent.
List this case on 29.7.2024. Till the next date of listing impugned proceedings of Criminal Misc Case No.125030 of 2023 [State vs. Abhinav Sinha and Others] shall remain stayed. Petitioner is directed to deposit Rs.25,000/- before the Senior Registrar of this Court within two weeks. In case the aforesaid amount is not deposited then the protection will not be available to the applicant.
Order Date :- 19.6.2024 mks
Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the possibility of settlement can be ruled out in a matrimonial dispute given the allegations and respondent's willingness to mediate.
Whether the impugned criminal proceedings should be stayed pending maintenance of the stay order.
Abhinav Sinha
State Of U.P.
Rajeev Singh
As recorded by the court registry
3 orders share this CNR
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