Disposed

Pankaj Sriwas Alias Pankaj Kumar and 2 Others v. State of Up and 3 Others

Allahabad HC4 Jul 2024CRLP/11174/2024

Case brief

AI extract

What is this about?

The Court referred the Criminal Miscellaneous Writ Petition to the Mediation Centre Allahabad to explore amicable settlement. An interim stay on arrest was granted, conditional on depositing Rs. 20,000, part of which serves as subsistence for the respondent. The mediator was granted two months to report.

What did the court decide?

Matter referred to Mediation Centre Allahabad; interim stay on arrest granted contingent on deposit of Rs. 20,000 within four weeks.

Pankaj Sriwas Alias Pankaj Kumar and 2 Others vs… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 47

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Case :- CRIMINAL MISC. WRIT PETITION No. - 11174 of 2024

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Petitioner :- Pankaj Sriwas Alias Pankaj Kumar And 2 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Harish Chandra Mishra Counsel for Respondent :- G.A.

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Hon'ble Rajiv Gupta,J. Hon'ble Surendra Singh-I,J.

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

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The quintessence of the contentions raised by the learned counsel for the petitioners is that matrimonial dispute is in the genesis of this case. There are chances of amicable settlement between the parties. Petitioners counsel strenuously urged that this case may be referred to the Mediation Centre of this Court so that the litigants may have a chance to settle their dispute on their own terms through mediation.

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The Court is satisfied on the basis of record and the submissions made before it that the nature of litigation is such that the chances to resolve the matter through process of conciliation do exist and an attempt ought to be made to explore that possibility.

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Accordingly, the matter is being referred to the Mediation Centre Allahabad. The petitioners will deposit Rs. 20,000/- within four weeks at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties returnable within a period of four weeks. Out of the same Rs.15,000/- will be paid to respondent no. 4 for subsistence and to meet out the expenses. The mediator is allowed two months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.

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List this case before the appropriate Bench along with report of the mediator on 03.10.2024.

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Till then, the petitioners shall not be arrested in pursuance of the impugned F.I.R. dated 01.06.2024 arising out of Case Crime No.43 of 2024, under Sections 498A, 377, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District- Jhansi, provided the petitioners file the receipt of deposit of amount as directed above along with the present order.

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It is made clear that in case of default in depositing the

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amount as ordered above or on non-participation of the petitioners in the mediation proceedings, the interim stay order shall stand automatically vacated.

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This case shall not be treated as tied up or part heard with this Bench.

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Order Date :- 4.7.2024 KS

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Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad

Pankaj Sriwas Alias Pankaj Kumar and 2 Others v. State of Up and 3 Others

Case brief

What is this about?

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Pankaj Sriwas Alias Pankaj Kumar and 2 Others v. State of Up and 3 Others

Case brief

What is this about?

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