Remanded

Salman Malik and 2 Others v. State of Up and 2 Others

Allahabad HC16 Jul 2024CRLP/11922/2024

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What is this about?

The High Court referred a criminal writ petition arising from a matrimonial dispute to its Mediation Centre for amicable settlement. The court granted a conditional interim stay on arrest, contingent upon the deposit of Rs. 20,000 for mediation expenses and subsistence.

What did the court decide?

Matter referred to Mediation Centre; interim stay on arrest granted subject to deposit of Rs. 20,000.

Salman Malik and 2 Others vs State of Up and 2… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 47

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Case :- CRIMINAL MISC. WRIT PETITION No. - 11922 of 2024

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Petitioner :- Salman Malik And 2 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Mrityunjay Dwivedi 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.3 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

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outcome of mediation.

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List this case before the appropriate Bench along with report of the mediator on 01.10.2024.

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Till then, the petitioners shall not be arrested in pursuance of the impugned F.I.R. dated 24.05.2024 arising out of Case Crime No.421 of 2024, under Sections 323,504,506, 354 Kha and 392 IPC, Police Station Quarshi, District Aligarh, 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 amount as ordered above or on nonparticipation 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 :- 16.7.2024 Amit

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

Salman Malik and 2 Others v. State of Up and 2 Others

Case brief

What is this about?

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Salman Malik and 2 Others v. State of Up and 2 Others

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