Writ petition challenging FIR Case Crime No. 361 of 2024 arising from a matrimonial dispute was connected with a related writ petition already referred to mediation. The interim protection from arrest granted in the connected petition was extended to this petition.
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Court No. - 42
Case :- CRIMINAL MISC. WRIT PETITION No. - 11506 of 2024
Petitioner :- Nasreen And 5 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Kamlesh Kumar Dwivedi,Prashank Mishra Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Arun Kumar Singh Deshwal,J.
"1. Heard learned counsel for the petitioner as well as learned A.G.A. and perused the record.
2. The quintessence of the contentions raised by the petitioner's counsel is that matrimonial dispute is in the genesis of this case. There are chances of amicable settlement between the parties. Petitioner's 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.
3. 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.
4. Accordingly, the matter is being referred to the Mediation Centre. The petitioners will deposit Rs. 10,000/- within three 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.8,000/- will be paid to respondent no.3 for subsistence and to meet out the expenses. The mediator is allowed three 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.
5. Connect this case alongwith Crl. Misc. Writ Petition No. 4911 of 2024, and list on the date fixed therein.
6. Till the next date of listing, the petitioner shall not be arrested in case crime no. 361 of 2024, under Sections 376, 120-B, 420, 467, 468, 471, 504, 506 I.P.C., Police Station-Tajganj, District Agra, provided the petitioner files the receipt of deposit of amount as directed above along with the present order.
7. It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the petitioner in the mediation proceedings, the interim stay
order shall stand automatically vacated.
8. This case shall not be treated as tied up or part heard with this Bench."
Order Date :- 29.7.2024 Abhishek
Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad
2 provisions across 1 enactments
Nasreen And 5 Others
State Of Up And 2 Others
Vivek Kumar Birla
Arun Kumar Singh Deshwal
As recorded by the court registry
4 orders share this CNR
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