Disposed

Ashish Kumar Soni @ Ashish Soni and 2 Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Allahabad HC6 Sept 2024A482/7951/2024

Case brief

AI extract

What is this about?

High Court of Judicature at Allahabad, Lucknow Bench disposed of an application seeking quashing and staying of criminal proceedings under Sections 498A, 323, 504, 506 IPC and Dowry Prohibition Act. The Court directed mediation and granted an interim stay on proceedings.

What did the court decide?

Stayed proceedings against applicants till mediation report. Directed mediation and deposit of Rs. 50,000.

Ashish Kumar Soni @ Ashish Soni and 2 Others vs… — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7951 of 2024

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Applicant :- Ashish Kumar Soni @ Ashish Soni And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Amol Kumar Srivastava,Jatin Gajwani,Shivang Dwivedi 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 applicants, learned AGA for the State of U.P. and perused the record.

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

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"It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:-

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a. To quash the entire proceedings of Case Crime No. 365 of 2019, titled as "State of U.P Vs. Ashish Soni and others",, under section 498A, 323, 504, 506 of L.P.C r/w 3/4 Dowry Prohibition Act, 1961, PS: Sahadatganj, District Lucknow, including chargesheet dated 20.03.2020, having chargesheet no.01/2020, 498A, 323, 504, 506 of L.P.C r/w 3/4 Dowry Prohibition Act, 1961, P.S: Sahadatganj, District Lucknow, as well as, the summoning order dated 17.09.2020 issued by the Learned Additional Chief Judicial Magistrate, Court No.27, Lucknow, which is pending before the Special Judge(ATS), Lucknow.

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b. To stay the operation and implementation of the entire proceedings of Case Crime No. 365 of 2019, titled as "State of U.P Vs. Ashish Soni and others",, under section 498A, 323, 504, 506 of I.P.C r/w 3/4 Dowry Prohibition Act, 1961, P.S: Sahadatganj, District Lucknow, including chargesheet dated 20.03.2020, having chargesheet no.01/2020, 498A, 323, 504, 506 of L.P.C r/w 3/4 Dowry Prohibition Act, 1961, P.S: Sahadatganj, District Lucknow, as well as, the summoning order dated 17.09.2020 issued by the Learned Additional Chief Judicial Magistrate, Court No.27, Lucknow, which is pending before the Special Judge(ATS), Lucknow."

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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. 50,000/- within two weeks 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 15.10.2024. The applicant shall deposit an amount of Rs. 50,000/- before the Mediation and Conciliation Centre of this Court, within two weeks, 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. Sonam Soni, 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 18.11.2024 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 applicant 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 :- 6.9.2024

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Jyoti/-

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

Ashish Kumar Soni @ Ashish Soni and 2 Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

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Ashish Kumar Soni @ Ashish Soni and 2 Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

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