Disposed

Mukesh Kumar and 9 Others v. State of U.P. and 2 Others

Allahabad HC19 Jul 2024CRLP/11674/2024

Case brief

AI extract

What is this about?

Writ petition challenging an FIR alleging dowry and cruelty offences arising from matrimonial discord. The court referred parties to mediation, directed a deposit of Rs. 35,000 towards mediation costs and victim payments, and granted interim protection from coercive action, conditional on deposit within two weeks.

What did the court decide?

No coercive action against petitioners until next listing, conditional on deposit of Rs. 35,000 within two weeks; matter referred for mediation with report due in three months.

Mukesh Kumar and 9 Others vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 11674 of 2024

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Petitioner :- Mukesh Kumar And 9 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Poonam Dwivedi,Rajan Prasad Dwivedi

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Counsel for Respondent :- G.A.

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Hon'ble Siddhartha Varma,J. Hon'ble Vikas Budhwar,J.

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Sri Shashi Bhushan has filed his Vakalatnama on behalf of respondent no.3. It be kept on record.

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Heard learned counsel for the petitioners, learned A.G.A. for the State-respondents and Shri Shashi Bhushan, learned counsel appearing for the respondent no. 3.

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Challenge in this writ petition is to the first information report dated 24.05.2024 giving rise to Case Crime No. 393 of 2024, under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station - Vijay Nagar, District - Nagar (Commissionerate Ghaziabad.

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Learned counsel for petitioners submits that the instant F.I.R. has been lodged due to matrimonial discord between the petitioner no.1 and the respondent no.3. He, however, submits that there is likelihood of settlement of the matrimonial dispute between the parties.

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Learned counsels for the parties admit that there are chances of reconciliation between the parties.

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The petitioners are directed to deposit a sum of Rs. 35,000/by way of demand draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation

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Centre within a period of two weeks from today. Out of aforesaid amount, a sum of Rs. 15,000/- shall be payable to the Victim on her first appearance and Rs. 15,000/-on her second appearance before the Mediation and Conciliation Centre. The balance amount of Rs. 5,000/- shall be retained by the Mediation Centre towards cost of mediation. The learned counsel for the parties agree that the parties shall appear before Mediation Centre on 05.08.2024. The Mediation Centre shall submit its report in the matter within three months.

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List on the date indicated in the notice before the appropriate Bench.

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In view of the facts as noted above and that the matter has been referred for mediation at the Mediation and Conciliation Centre, High Court, Allahabad, as an interim measure it is provided that no coercive action shall be taken against the petitioners in the aforesaid case till the next date of listing, from the date of deposit of amount as directed herein above.

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However, it is provided that if the amount, as directed above, is not deposited by the petitioners within the aforesaid period, the protection granted to the petitioners shall automatically stand vacated and the instant writ petition shall stand dismissed, without any further reference to the Court.

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Order Date :- 19.7.2024 M.S. Ansari

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(Vikas Budhwar,J.) (Siddhartha Varma,J.)

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Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad

Mukesh Kumar and 9 Others v. State of U.P. and 2 Others

Case brief

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Mukesh Kumar and 9 Others v. State of U.P. and 2 Others

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