Partly allowed

Rinku Kashyap and 5 Others v. State of U.P. and 2 Others

Allahabad HC23 Jul 2024CRLP/12277/2024

Case brief

AI extract

What is this about?

The High Court in a criminal miscellaneous writ petition arising from a matrimonial dispute ordered referral to the Mediation and Conciliation Centre. It directed the petitioner to deposit money, stayed arrest in pursuance of the FIR under Sections 498A, 323, 504, 506, and 313 IPC, and stipulated that the stay would automatically vacate upon default or non-participation in mediation.

What did the court decide?

Interim stay on arrest in pursuance of the impugned FIR granted subject to deposit of Rs. 20,000 at the Mediation Centre and participation in mediation proceedings.

Rinku Kashyap and 5 Others vs State of U.P. 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. - 12277 of 2024

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Petitioner :- Rinku Kashyap And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Goyal 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 and Conciliation Centre, High Court, Allahabad 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 two 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 outcome of mediation.

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List this case before the appropriate Bench along with report of the mediator on 03.10.2024.

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Till then, the petitioners shall not be arrested in pursuance of the impugned F.I.R. dated 20.06.2024 arising out of Case Crime No. 329 of 2024, under

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Sections 498A, 323, 504, 506, 313 IPC, Police Station Jagdishpra, District Agra, 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 non-participation 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 :- 23.7.2024 Subham

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Digitally signed by :- SUBHAM KUSHWAHA High Court of Judicature at Allahabad

Rinku Kashyap and 5 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Rinku Kashyap and 5 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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