Disposed

Shailendra Kumar and 6 Others v. State of U.P. and 2 Others

Allahabad HC23 Jul 2024CRLP/12262/2024

Case brief

AI extract

What is this about?

This court issued notice and directed filing of Vakalatnama in a writ petition challenging an FIR registered under marital cruelty and rape sections. The court remitted the matter to the mediation center upon deposit of Rs. 30,000 by petitioners, ordering a stay on FIR proceedings and listing the matter for November 2024.

What did the court decide?

Notice issued; direction to deposit Rs. 30,000 with mediation center; matter remitted to mediation center; interim stay granted on FIR proceedings.

Shailendra Kumar and 6 Others vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 48

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Case :- CRIMINAL MISC. WRIT PETITION No. - 12262 of 2024

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Petitioner :- Shailendra Kumar And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Balbeer Singh,Jaswant Singh Counsel for Respondent :- G.A.

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Hon'ble Siddharth,J. Hon'ble Brij Raj Singh,J.

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Sri S.K. Pandey and Sri N.N. Pandey, Advocates have filed Vakalatnama on behalf of respondent no.3, which is taken on record.

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Heard learned counsel for the petitioners, Sri N.N. Pandey, learned counsel for respondent no.3 and learned A.G.A. for the State.

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The present writ petition has been filed to quash the FIR dated 29.06.2024 registered as Case Crime No.0226 of 2024, under Sections 498-A, 323, 376, 506 IPC, Police Station Fatehgarh Kotwali, District Farrukhhabad.

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It is submitted by learned counsel for the petitioners that present matter relates to a matrimonial dispute between parties and the said matter can be well settled before Mediation Centre of this Court.

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Issue notice to opposite party no.3, returnable at an early date.

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It is directed that the petitioners shall deposit a sum of Rs.30,000/- within two weeks from today with the Mediation Centre, out of which Rs.25,000/- shall be paid to the opposite party no.3, Smt. Mohini on her appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance amount of Rs.5,000/- shall be retained by the mediation center towards its expenses.

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

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It is directed that Mediation Centre shall decide the matter expeditiously preferably within a period of three months.

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Thereafter, the case shall be listed before appropriate Bench in the first week of November, 2024.

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Till the next date of listing, further proceedings of FIR dated 29.06.2024 registered as Case Crime No.0226 of 2024, under Sections 498-A, 323, 376, 506 IPC, Police Station Fatehgarh Kotwali, District Farrukhhabad, shall remain stayed against the petitioners.

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After depositing the aforesaid amount, notice shall be issued to the respondent no.3 and in case the aforesaid amount is not deposited within the aforesaid period, interim protection granted above shall automatically be vacated.

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(Brij Raj Singh, J.) (Siddharth, J. )

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Order Date :- 23.7.2024 Atul

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

Shailendra Kumar and 6 Others v. State of U.P. and 2 Others

Case brief

What is this about?

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Shailendra Kumar and 6 Others v. State of U.P. and 2 Others

Case brief

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