Disposed

Gyanendra Sharma v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Allahabad HC2 Sept 2024A482/7745/2024

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C. read with Section 528 BNSS regarding a maintenance dispute, the High Court directed the parties to undergo mediation and order the deposit of a sum of Rs. 1,25,000 pending the outcome of the process.

What did the court decide?

Directed the applicant to deposit Rs. 1,25,000 within ten days and listed the matter for mediation on 03.10.2024. Stayed proceedings pending mediation.

Gyanendra Sharma vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7745 of 2024

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Applicant :- Gyanendra Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Kaushal Kishore Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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

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The present application under Section 482 Cr.P.C. read with under Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been filed for the following main relief:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set-aside the impugned order dated 20.08.2024 passed by Learned Principal Judge, Family Court, Sultanpur in Crl. Misc. Case No.598/2023, titled as Pratibha Nanda V/s Gyanendra Sharma, under section 125 Cr.P.C., P.S. Kotwali Nagar, District-Sultanpur, as contained in Annexure No.1 to the Petition.

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And it is further prayed that this Hon'ble court may kindly be pleased to quash the entire proceeding of Crl. Misc. Case No.598/2023, titled as Pratibha Nanda V/s Gyanendra Sharma, under section 125 Cr.P.C., P.S. Kotwali Nagar, District-Sultanpur pending in the court of Learned Principal Judge, Family Court, Sultanpur, in the interest of justice."

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Learned Counsel for the applicant 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 applicant is ready to settle the dispute aforesaid. To show the bonafide learned counsel for the applicant further stated that applicant would deposit an amount to the tune of Rs. 1,25,000/- 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 applicant 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 03.10.2024. The applicant shall deposit an amount of Rs. 1,25,000/- before the Mediation and Conciliation Centre of this Court, within ten days, which shall be released in favour of the opposite party No. 2.

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Issue notice to the opposite party No. 2/Mrs. Pratibha Nanda, 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 04.11.2024 as fresh alongwith mediation report in this regard.

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Till the next date of listing, the proceedings against the applicant 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 applicant within the specified time, the interim protection granted by this Court shall not be available to him. 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 applicant.

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Order Date :- 2.9.2024

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Jyoti/-

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

Gyanendra Sharma v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

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Gyanendra Sharma v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

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