Disposed

Kishore Chandra Rana and 3 Others v. State of U.P. and Another

Allahabad HC22 Aug 2024CRLA/8142/2024

Case brief

AI extract

What is this about?

In this criminal appeal seeking to quash a summoning order in a matrimonial dispute, the court held that further mediation was futile after a prior attempt failed. It directed the trial court to expedite proceedings within 12 months, barred coercive action pending the case, and disposed of the appeal.

What did the court decide?

Appellants' prayer to quash was dismissed implicitly by expediting the trial; coercive actions barred; trial to conclude within 12 months.

Kishore Chandra Rana and 3 Others vs State of… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:135659

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 8142 of 2024

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Appellant :- Kishore Chandra Rana And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Dharmendra Kumar Patel Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Mr. Dharmendra Kumar Patel, learned counsel for the appellants and learned AGA for the State as well as Mr. Mohd. Aadil, learned counsel who has preferred Vakalatnama today on behalf of respondent no.2 which is also taken on record.

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The instant appeal has been preferred with a prayer to quash the summoning order dated 31.10.2023 passed by learned Special Judge, SC/ST Act, Moradabad in Complaint Case No.42 of 2021 (Pinki Jatav Vs. Kishore Chandra Rana and others), under Section 498-A, 323, 504 IPC and Section 3(1)Dha of SC/ST Act, P.S. Katgarh, District Moradabad.

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At the very outset, learned counsel for appellants submitted that since the matter relates to matrimonial dispute, the same may be referred to the Mediation Centre, Allahabad High Court for amicable settlement between the parties.

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A precise query made before learned counsel for appellants that the matter may be referred to the Mediation Centre, District Moradabad, in response, he submitted that mediation has already been taken place at Moradabad but the same was failed and as such, the matter may be referred to the Mediation Centre, Allahabad High Court.

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In view of the facts and circumstances, once the mediation has already been failed at Mediation Centre, District Moradabad, the exercise for again compelling the persons for mediation at Mediation Centre, Allahabad High Court, will be a futile one.

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In view thereof, no useful purpose will be served in keeping the matter pending by way of calling counter affidavit and rejoinder affidavit by the parties and as such, learned court concerned is hereby directed to expedite and finalize the proceedings of

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Complaint Case No.42 of 2021 (Pinki Jatav Vs. Kishore Chandra Rana and others), under Section 498-A, 323, 504 IPC and Section 3(1)Dha of SC/ST Act, P.S. Katgarh, District Moradabad, as expeditiously as possible, preferably within a period of 12 months from the date of presentation of a certified copy of this order before him without granting any unnecessary adjournment to either of the parties but after giving full opportunity of hearing to both sides.

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Learned counsel for both the parties assure on behalf of parties that they will fully cooperate with the learned trial court concerned for expeditious disposal of the said case.

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However, it is made clear that till the pendency of the above mentioned complaint case, no coercive action shall be initiated against the appellants herein.

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The instant appeal is hereby disposed of accordingly.

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Order Date :- 22.8.2024 Vivek Kr.

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Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad

Kishore Chandra Rana and 3 Others v. State of U.P. and Another

Case brief

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Kishore Chandra Rana and 3 Others v. State of U.P. and Another

Case brief

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