Partly allowed

Atul Shukla v. State of U.P. Thru. Secy. Ministry Home Affairs Lko. and Others

Allahabad HC19 Sept 2024CRLP/6613/2024

Case brief

AI extract

What is this about?

The Court granted interim bail to the petitioner in a criminal case for matrimonial dispute. A notice was issued to ascertain the wife's willingness for mediation. The petitioner must hand over a proposed Rs.50,000/- draft to the wife. Future listing is for personal appearance to decide on mediation referral.

What did the court decide?

Petitioner granted interim bail; notice issued to wife; petitioner directed to hand over Rs.50,000 draft; case listed for personal appearance to decide on mediation.

Atul Shukla vs State of U.P. Thru. Secy. Ministry… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6613 of 2024

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Petitioner :- Atul Shukla Respondent :- State Of U.P. Thru. Secy. Ministry Home Affairs Lko. And Others Counsel for Petitioner :- Shaiphali Nag,Priyanka Nag Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.

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Heard learned counsel for the petitioner and learned A.G.A. for the State.

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By means of this petition, petitioner has assailed the F.I.R. dated 24.5.2024 registered as F.I.R./Case Crime No.0178 of 2024 under Sections 498A & 506 I.P.C. and Sections 3/4 of Dowry Prohibition Act, at Police Station Ashiyana, District Lucknow.

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Learned counsel for the petitioner submits that the present F.I.R. is an outcome of a matrimonial dispute and there are chances of amicable settlement through mediation, therefore, he prays that the matter may be referred to the Mediation and Conciliation Centre of this Court.

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It is very difficult for this Court to refer the matter to the Mediation Centre without knowing the consent of the other side.

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In order to ascertain the willingness of opposite party no.4, let notice be issued to opposite party no.4, to be served through the Station House Officer, Police Station Ashiyana, District Lucknow (opposite party no.3).

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Learned counsel for the petitioner has shown to the Court a demand draft of Rs.50,000/- in favour of opposite party no.4 (wife) to show the bonafide. The petitioner shall handover the same to opposite party no.4 on the next date, if she agrees to settle the matter through the Mediation and Conciliation Centre of this Court.

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List this case on 19.9.2024 in additional cause list amongst to ten cases.

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On that date, the petitioner and opposite party no.4 shall appear in person to apprise the Court as to whether they are

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willing to resolve their dispute through Mediation and Conciliation Centre of this Court or not.

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Respondent no.3-Station House Officer, Police Station Ashiyana, District Lucknow shall ensure presence of opposite party no.4 before the Court on the next date.

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Till the next date of listing, the petitioner shall not be arrested in the aforesaid F.I.R./Case Crime number, subject to full cooperation in the investigation of the case.

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[Narendra Kumar Johari,J.] [Vivek Chaudhary,J.]

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Order Date :- 13.9.2024 Sachin

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Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench

Atul Shukla v. State of U.P. Thru. Secy. Ministry Home Affairs Lko. and Others

Case brief

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Atul Shukla v. State of U.P. Thru. Secy. Ministry Home Affairs Lko. and Others

Case brief

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