Abhilash Mishra v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC15 Oct 2024A482/8328/2024

Case brief

AI extract

What is this about?

In this application under Section 482 CrPC, the applicant, accused in a case connected to a property and molestation dispute, sought consideration for mediation. The court accepted the submission of a family dispute and directed notice to the opposite party for mediation proceedings.

What did the court decide?

Issue notice to opposite party no.2 through C.J.Magistrate, Lucknow fixing 13.11.2024 for appearance to explore mediation; stay session trial pending outcome.

Abhilash Mishra vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 8328 of 2024

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Applicant :- Abhilash Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

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Counsel for Applicant :- Sudhir Kumar Misra,Roshan Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh, J.

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

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Learned counsel for the applicant submits that applicant and opposite party no.2 are real brothers and there is a property dispute between the brothers and out of vengeance, the FIR was lodged under Sections 323, 506 and 509 IPC. However, later on, on the statement of wife of opposite party no.2, Section 354 IPC and Section 11/12 POCSO Act have been added on the false allegation that the applicant has molested the daughter of opposite party no.2. He has invited attention of the Court towards the statement of Akanksha Shukla, who has also admitted the fact that applicant and opposite party no.2 are real brothers and they are fighting together out of family dispute. He further submits that to give colour to the case, Section 354 IPC and Section 11/12 POCSO Act have been invoked against the applicant, otherwise such incident did not take place. Learned counsel for the applicant submits that since the parties are relatives, there are chances of mediation.

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Matter requires consideration.

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In view of the aforesaid submissions, issue notice to opposite party no.2 through Chief Judicial Magistrate, Lucknow fixing 13.11.2024 for his appearance before this Court and to explore the possibility of mediation.

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Steps to be taken within a week.

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List this case on 13.11.2024.

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Till the next date of listing, further proceedings of Session Trial No.881 of 2019, State Vs. Abhilash Mishra, arising out of Case Crime No.700 of 2019 registered at Police Station Gazipur, District Lucknow, including the order dated 25.04.2024, shall remain stayed.

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(Brij Raj Singh, J.)

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Order Date :- 15.10.2024 Rao/-

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Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench

Abhilash Mishra v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Abhilash Mishra v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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