Remanded

Saurabh Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC21 Aug 2024A482/7292/2024

Case brief

AI extract

What is this about?

The High Court considered an application under Section 482 CrPC to set aside a summoning order and charge-sheet arising from a matrimonial dispute. The court noted the applicant's proposal to deposit Rs. 50,000 for mediation and granted an interim order keeping proceedings in abeyance pending mediation.

What did the court decide?

The proceedings in issue against the applicant were kept in abeyance pending mediation, conditional upon the deposit of specified security.

Saurabh Tiwari vs State of U.P. Thru. Prin. Secy… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7292 of 2024

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Applicant :- Saurabh Tiwari

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Durgendra Kumar Tiwari Counsel for Opposite Party :- G.A.,Kunwar Ravi Prakash,Neeraj Tripathi

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Hon'ble Rajeev Singh,J.

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On 21.08.2024, following order was passed.

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"Heard.

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The present application has been filed for setting aside the impugned summoning order dated 30.05.2024 passed by learned Additional Chief Judicial Magistrate VII, Court No. 31, Lucknow and impugned charge-sheet no 01/2023 dated 14.06.2023 arising out of Case Crime No. 0615 of 2022 under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 Dowry Prohibition Act at Police Station - Krishna Nagar, District - Lucknow.

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It is stated by learned Counsel for the applicant that the dispute which is matrimonial dispute could be settled and decided amicably by way of mediation. To show the bona fide, it is stated that the applicant would deposit Rs. 50,000/- (Rupees Fifty Thousand Only) before the Mediation and Conciliation Centre of this Court within two weeks from today.

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Considering the submissions advanced by the learned counsel appearing for the applicant including that dispute between the parties can be settled amicably by way of mediation, this Court finds that the matter requires consideration.

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Issue notice to the opposite party no. 2.

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Steps to be taken within a week.

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Taking note of the aforesaid, let the matter be placed before Mediation and Conciliation Centre of this Court on 19.09.2024. The applicant no.1 shall deposit an amount of Rs. 50,000/before the Mediation and Conciliation Centre of this Court within two weeks from today, which shall be immediately released in favour of the opposite party No. 2/Ruchi alias Dali Awasthi.

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List/put up this case before this Court on 21.10.2024 as fresh along with mediation report.

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Till the next date of listing, the proceedings in issue against the applicant shall be kept in abeyance.

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

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In pursuance of the aforesaid order, both the parties are present before this Court and private respondent is

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reluctant to join the company of the applicant.

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List this case on 06.11.2024 at 11.30 a.m.

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By the next date of listing, Rs.25,000/- be deposited by the applicant before the Mediation & Conciliation Center of this Court in place of Rs.50,000/-, as ordered on the last date, i.e., on 21.08.2024, on the ground that the applicant is unemployed and he is unable to deposit the entire amount, as mentioned in the order dated 21.08.2024.

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Interim order, if any, shall continue till the next date of listing.

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Order Date :- 22.10.2024 VKS

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

Saurabh Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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Saurabh Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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