Partly allowed

Raj Kumar Jaiswal and 4 Others v. State of Up and 2 Others

Allahabad HC26 Jul 2024CRLP/12653/2024

Case brief

AI extract

What is this about?

The High Court referred a criminal writ petition arising from a matrimonial dispute to the Mediation and Conciliation Centre. The court ordered a deposit of Rs. 20,000 and allotted Rs. 15,000 for the respondent's subsistence, granting an interim stay on arrest pending outcome, conditional on participation in mediation.

What did the court decide?

Matter referred to Mediation Centre for settlement; interim stay on arrest granted conditional on deposit of Rs. 20,000 within four weeks.

Raj Kumar Jaiswal and 4 Others vs State of Up and 2 Others — Domestic Violence | Allahabad HC (2024)

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Court No. - 47

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Case :- CRIMINAL MISC. WRIT PETITION No. - 12653 of 2024

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Petitioner :- Raj Kumar Jaiswal And 4 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Avinash Jaiswal,Vishal Jaiswal Counsel for Respondent :- G.A.

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Hon'ble Rajiv Gupta,J. Hon'ble Surendra Singh-I,J.

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Shri Girijesh Kumar Srivastava, Advocate holding brief of Shri Kumar Ashutosh Srivastava, learned counsel for the petitioners has filed vakalatnama on behalf of respondent no.3 today in Court, which is taken on record.

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Heard learned counsel for the petitioners, learned A.G.A. for the State, learned counsel for respondent no.3 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

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court regarding the outcome of mediation.

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List this case before the appropriate Bench along with report of the mediator on 17.10.2024.

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Till then, the petitioners shall not be arrested in pursuance of the impugned F.I.R. dated 24.06.2024 arising out of Case Crime No. 26 of 2024, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District Deoria, 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 :- 26.7.2024 Subham

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

Raj Kumar Jaiswal and 4 Others v. State of Up and 2 Others

Case brief

What is this about?

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Raj Kumar Jaiswal and 4 Others v. State of Up and 2 Others

Case brief

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