Disposed

Noor Mohammad and Others v. State of U.P. Thru. Its Prin. Secy. Home, Lko. and Another

Allahabad HC22 Oct 2024A482/6749/2024

Case brief

AI extract

What is this about?

The court directed the matter to the Mediation and Conciliation Centre for amicable settlement. Applicants must deposit Rs. 30,000. Proceedings are stayed pending mediation report.

What did the court decide?

Matter referred to Mediation and Conciliation Centre on 29.08.2024; Rs. 30,000 deposit directed; proceedings stayed pending mediation report.

Noor Mohammad and Others vs State of U.P. Thru. Its… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 6749 of 2024

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Applicant :- Noor Mohammad And Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Subhash Pandey,Arpit Dwivedi,Shivam Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicants as well as the learned AGA for the State and perused the record.

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The present application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicants for the following main reliefs:-

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"i. To quash the impugned summoning order dated 03.11.2022 contained as Annexure No. 1, in the interest of justice.

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ii. To Quash impugned Charge sheet dated 23.01.2022, Bailable Warrant dated 09.01.2024 as well as entire proceeding of Criminal Case No. 53425 of 2022 (State Versus Noor Mohd. and Others) arising out of Case Crime No. 539 of 2021 Under Section 323,325,498A,504,506 I.P.C., 3/4 Dowry Prohibition Act 1961, Police Station- Kotwali Nagar, District- Gonda which is pending before Court of Chief Judicial Magistrate, Gonda contained as Annexure No. 2 & 3 respectively, in the interest of justice."

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Learned counsel for the applicants stated that the applicants are ready to settle the dispute amicably by way of mediation, as such, the matter may be referred to Mediation and Conciliation Centre of this Court so as to carve possibility of amicable settlement of dispute between the parties.

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In view of above, it is provided that the matter be placed before Mediation and Conciliation Centre of this Court on 29.08.2024. The applicants shall deposit an amount of Rs. 30,000/before the Mediation and Conciliation Centre of this Court within ten days from today, which shall be released in favour of the opposite party No. 2 forthwith.

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Issue notice to the opposite party No. 2. Steps in this regard be taken within three working days.

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List/put up this case before this Court on 30.09.2024 as fresh along with mediation report.

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Till the next date of listing, the proceedings against the applicants shall remain stayed.

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In case, the amount aforesaid is not deposited and step are not taken by the applicants within the specified time, the interim protection granted by this Court shall not be available to them.

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Order Date :- 1.8.2024 Arun/-

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Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Noor Mohammad and Others v. State of U.P. Thru. Its Prin. Secy. Home, Lko. and Another

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Noor Mohammad and Others v. State of U.P. Thru. Its Prin. Secy. Home, Lko. and Another

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