Disposed

Sewan Miyan and 4 Others v. State of U.P. and Another

Allahabad HC26 Jul 2024CRLP/12714/2024

Case brief

AI extract

What is this about?

The Allahabad High Court directed petitioners to deposit Rs. 15,000 for mediation in a 498-A FIR arising from matrimonial discord. Upon deposit, no coercive action shall be taken against them until the subsequent hearing.

What did the court decide?

Deposit of Rs. 15,000 directed; no coercive action against petitioners until next hearing provided the amount is deposited.

Sewan Miyan and 4 Others vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 12714 of 2024

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Petitioner :- Sewan Miyan And 4 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Araf Khan,Tauseef Khan

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Hon'ble Siddhartha Varma,J. Hon'ble Ram Manohar Narayan Mishra,J.

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Supplementary affidavit filed today be kept on record. Also, Vakalatnama filed today on behalf of the respondent no. 2 be kept on record.

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

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Challenge in this writ petition is to the first information report dated 7.7.2024 giving rise to Case Crime No. 258 of 2024, under Sections 498-A, 323 and 506 IPC and Section 3/4 of the Dowry Prohibition Act and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, P.S. Chharra, District- Aligarh.

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Learned counsel for the petitioners submits that the instant FIR has been lodged due to matrimonial discord between the petitioner no.1 and the respondent No.2. He, however, submits that there is likelihood of settlement of the matrimonial dispute between the parties.

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Learned counsel for the parties admit that there are chances of reconciliation between the parties.

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The petitioners are directed to deposit a sum of Rs. 15,000/- by way of demand draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within a period of two weeks from today. Out of aforesaid amount, a sum of Rs. 5,000/- shall be payable to the Victim on her first appearance and Rs.5,000/- on her second appearance before the Mediation and Conciliation Centre. The balance amount of Rs. 5,000/- shall be retained by the Mediation Centre towards cost of Mediation. The learned counsel for the parties agree that the parties shall appear before Mediation Centre on 20.8.2024 . The Mediation Centre shall submit its report in the matter within three months.

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List after three months before the appropriate Bench.

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In view of the facts as noted above and that the matter has been referred for mediation at the Mediation and Conciliation Centre, High Court, Allahabad, as an interim measure it is provided that no coercive action shall be taken against the petitioners in the aforesaid case till the next date of listing, from the date of deposit of amount as directed herein above.

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However, it is provided that if the amount, as directed above, is not deposited by the petitioners within the aforesaid period, the protection granted to the petitioners shall automatically stand vacated and the instant writ petition shall stand dismissed, without any further reference to the Court.

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Order Date :- 26.7.2024 PK

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

Sewan Miyan and 4 Others v. State of U.P. and Another

Case brief

What is this about?

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Sewan Miyan and 4 Others v. State of U.P. and Another

Case brief

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