Disposed

Vishnu @ Vishnu Kumar and 5 Others v. State of Up and 3 Others

Allahabad HC16 Jul 2024CRLP/11843/2024

Case brief

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What is this about?

The High Court directed mediation to resolve a domestic dispute involving criminal charges under IPC and Dowry Act sections against petitioners rather than quashing the FIR immediately, ordering them to deposit Rs. 30,000 within three weeks.

What did the court decide?

Directing mediation attempt; ordered deposit of Rs. 30,000 within three weeks; stay on coercive action; dismissal if payment fails.

Vishnu @ Vishnu Kumar and 5 Others vs State of Up… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 11843 of 2024

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Petitioner :- Vishnu @ Vishnu Kumar And 5 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Rajneesh Pratap Singh Counsel for Respondent :- G.A.

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Hon'ble Ashwani Kumar Mishra,J. Hon'ble Dr. Gautam Chowdhary,J.

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

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This writ petition has been filed with the prayer to quash the First Information Report dated 6.5.2024, registered as Case Crime No.56 of 2024, under sections 307, 313 323, 354, 498-A, 504, 506 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station Godha, District Aligarh.

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It is stated that petitioners have been falsely implicated in the First Information Report and there is a genuine matrimonial issue in respect of which mediation ought to be tried first before proceeding with criminal investigation as it has the potential of disturbing the marital life for all times to come. Submission is that the matter be referred to Mediation Centre of this Court.

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In the facts of the present case we are of the view that an attempt be made to resolve the differences between the parties by way of mediation. It is, therefore, directed that petitioners shall deposit a sum of Rs. 30,000/- within three weeks from today with the Mediation Centre out of which Rs. 25,000/shall be paid to the respondent no.4 (wife) for appearance before the Mediation Centre. The remaining amount shall go to mediation centre towards the expenses of mediation.

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

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It is directed that Mediation Centre shall make all endeavours to resolve the dispute amicably, expeditiously, preferably within a period of three months.

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List thereafter.

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Till the next date of listing, no coercive action shall be taken against the petitioners pursuant to the aforesaid First Information Report.

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After depositing the amount, aforesaid, notice shall be issued to the parties. In the event of failure of compliance, the petition shall stand dismissed without reference to the Court.

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Order Date :- 16.7.2024 Anil

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

Vishnu @ Vishnu Kumar and 5 Others v. State of Up and 3 Others

Case brief

What is this about?

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Vishnu @ Vishnu Kumar and 5 Others v. State of Up and 3 Others

Case brief

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What did the court decide?

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