Disposed

Jitendra Kanaujia and 5 Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

Allahabad HC18 Nov 2024A482/9755/2024

Case brief

AI extract

What is this about?

This Court framed an application under Section 482 CrPC for quashing matrimonial summons for mediation. The Court directed setting aside the impugned order pending mediation, stayed proceedings dominundum, and required an interim deposit of Rs. 40,000 within ten days.

What did the court decide?

Impugned summons order set aside; proceedings stayed pending mediation; applicants directed to deposit Rs. 40,000 within ten days.

Jitendra Kanaujia and 5 Others vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 9755 of 2024

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Applicant :- Jitendra Kanaujia And 5 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ram Milan Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicants as well as the learned A.G.A. for the State and perused the record.

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The present application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief:-

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The present application has been filed by the applicants seeking following main relief(s):-

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" That the impugned cognizance order as well as summoning order dated 06.10.2023 passed by learned Civil Judge (J.D.) F.T.C., CAW, Unnao, in Case No.752/2024, Case Crime No.383/2022, (State Vs. Jitendra Kanaujiya & others) under Sections -498-A, 323, 506 I.P.C. & Section 3/4 D.P. Act, Police Station - Hasanganj, District- Unnao and as well as Charge Sheet No.1 dated 08.02.2023 in which learned court below has summoned the petitioners/applicants without application of judicial mind, be set aside, contained as Annexure No.1 & 10 to this petition, in the interest of justice."

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Learned counsel for the applicants stated that the applicants are ready to settle the matrimonial dispute amicably by way of mediation, as such, the matter may be referred to Mediation and Conciliation Centre of this Court so as to carve possibility of amicable settlement of dispute between the parties and to show the bonafide, he says that the applicants are ready to deposit an amount to the tune of Rs. 40,000/- before Mediation and Conciliation Centre of this Court.

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In view of above, it is provided that the matter be placed before Mediation and Conciliation Centre of this Court on

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03.01.2025 . The applicants shall deposit an amount of Rs.40,000/- before the Mediation and Conciliation Centre of this Court within ten days from today, which shall be released in favour of the opposite party No.2 forthwith.

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Issue notice to the opposite party No.2. Steps in this regard be taken within four working days.

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List/put up this case before this Court on 17.02.2025 alongwith mediation report.

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Till the next date of listing, the proceedings in issue shall remain stayed qua the applicants.

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

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It is also made clear that if the mediation/settlement fails, the interim order would be extended only after hearing the learned counsel for the applicants on merits.

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Order Date :- 18.11.2024 Anand/-

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

Jitendra Kanaujia and 5 Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

Case brief

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Jitendra Kanaujia and 5 Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

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