Disposed

Manish Kumar Pandey and Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Lko. and Another

Allahabad HC23 Aug 2024A482/7427/2024

Case brief

AI extract

What is this about?

Applicants sought quashing of a charge-sheet and magistrate's order arising from a matrimonial dispute, proposing settlement via mediation with a Rs.75,000 deposit. Court permitted impleading the proper opposite party, referred the matter to its Mediation Centre, issued notice to opposite party No.3, kept proceedings in abeyance pending the mediation report.

What did the court decide?

Proceedings in Case No.7270/2024 kept in abeyance till next date; applicants permitted to implead proper opposite party and referred to mediation with Rs.75,000 deposit.

Manish Kumar Pandey and Others vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7427 of 2024

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Applicant :- Manish Kumar Pandey And Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Alok Kr. Misra Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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At the very outset, learned Counsel for the applicants stated that inadvertently the proper necessary opposite party could not be arrayed in the memo of application and as such he may be permitted to implead the proper opposite party.

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Learned A.G.A. has no objection to the prayer made by the learned Counsel for the applicants.

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Accordingly, the applicants is permitted to implead the necessary opposite party during the course of the day.

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Heard learned counsel appearing for the applicants, learned AGA for the State of U.P. and perused the record.

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The present application has been filed for the following main relief:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned order dated 05-01-2024 passed by the learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Bahraich in Case No.7270/2024 and the charge-sheet dated 17-12-2023, which is not just and proper, contained as Annexure Nos. 1 & 2 to this petition respectively, in the interest of justice.

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As an interim measure to stay the further proceedings of Case No.7270/2024 - State Vs. Manish Kumar Pandey & Ors. in the interest of justice, during pendency of the instant petition."

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Learned Counsel for the applicants submitted that on account of matrimonial dispute, the case was filed by the side opposite and this dispute can be settled by way of mediation. It is also stated that applicants are ready to settle the dispute aforesaid. To show the bonafide learned counsel for the applicants further stated that applicants would deposit an amount to the tune of Rs. 75,000/- within ten days before the Mediation and Conciliation Centre of this Court.

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

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It is, therefore, provided that the matter be placed before Mediation and Conciliation Centre of this Court on 24.9.2024. The applicants shall deposit an amount of Rs. 75,000/- before the Mediation and Conciliation Centre of this Court, within ten days, which shall be released in favour of the opposite party No. 3.

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Issue notice to the opposite party No. 3, returnable at an early date. Steps in this regard be taken within seven working days.

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List/put up this case before this Court on 24.10.2024 as fresh alongwith mediation report in this regard.

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

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In case, the steps are not taken within time specified or amount aforesaid is not deposited by the applicants within the specified time, the interim protection granted by this Court shall not be available to them. It is also made clear that if the mediation/settlement fails between the parties, the benefit of interim order would not been applicable to the applicants. Order Date :- 23.8.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Manish Kumar Pandey and Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Lko. and Another

Case brief

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Manish Kumar Pandey and Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Lko. and Another

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