Allowed

Aqib Manzoor v. State of U.P.

Allahabad HC14 Nov 2024ABAIL/10817/2024

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 438 CrPC concerning matrimonial disputes involving dowry and cruelty allegations, the single-judge High Court directed referral to a Mediation Centre. Bail was granted conditionally upon depositing Rs. 30,000 for mediation expenses, with further proceedings stayed pending mediation outcome.

What did the court decide?

Granted anticipatory bail subject to depositing Rs. 30,000 with Mediation Centre; proceedings stayed pending mediation outcome within four months.

Aqib Manzoor vs State of U.P. — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10817 of 2024

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Applicant :- Aqib Manzoor Opposite Party :- State of U.P. Counsel for Applicant :- Ajai Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Aqib Manzoor , in Case Crime No. 15 of 2024, under Sections 498-A, 323, 504, 506, 354 IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Garhmukteshwar, District- Hapur, during the pendency of the investigation.

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Learned counsel for the applicant submits that instant dispute pertains to matrimonial. He further submits that there is chances of amicable settlement between the parties, if the matter is referred to Mediation Centre.

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At present, prima facie , it appears that the present criminal proceedings do arise out of the matrimonial dispute between the parties. Therefore, it further appears, if the parties were to be offered assistance of mediation, they may be able to resolve their differences and bring an end to all disputes and differences between them, amicably.

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It is directed that applicant shall deposit a sum of Rs. 30,000/within two weeks from today with the Mediation Centre of which Rs. 25,000/- shall be paid to the informant/victim for appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs. 5,000/- shall be retained by the mediation center towards its expenses.

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The matter is referred to the Mediation Centre with the direction that same may be tried to be resolved after giving notices to both the parties.

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It is directed that Mediation Centre shall proceed in the matter

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expeditiously preferably within a period of four months. Thereafter, the case shall be listed before appropriate Bench.

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Subject to the applicant depositing the amount of Rs. 30,000/- as above, till the next date of listing, further proceedings against the applicant in the aforesaid case shall be kept in abeyance.

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After depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.

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Order Date :- 14.11.2024 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Aqib Manzoor v. State of U.P.

Case brief

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Aqib Manzoor v. State of U.P.

Case brief

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