Allowed

Rashida Alias Rashida Bano and Others v. State of U.P. Thru. Secy. Home Deptt. Govt. of U.P. Lko. and Others

Allahabad HC23 Sept 2024CRLP/7009/2024

Case brief

AI extract

What is this about?

Criminal M.C. W.P. concerning a domestic dispute arising from matrimonial differences. The High Court ordered mediation proceedings and granted interim stay of arrest subject to a monetary deposit by the petitioners.

What did the court decide?

Stay on arrest of petitioners pending mediation upon deposit of Rs. 30,000/; appearance fixed for 18.10.2024.

Rashida Alias Rashida Bano and Others vs State of… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7009 of 2024

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Petitioner :- Rashida Alias Rashida Bano And Others

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Respondent :- State Of U.P. Thru. Secy. Home Deptt. Govt. Of U.P. Lko. And Others

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Counsel for Petitioner :- Prabhu Sharan,Shivani Soni,Yogendra Kumar Singh

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Counsel for Respondent :- G.A.,Mohd Fahim

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Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J.

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Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri Mohd. Fahim learned counsel who has put in appearance on behalf of the opposite party no. 4.

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The impugned F.I.R. is an outcome of the matrimonial dispute between the opposite party no. 4 and the petitioners who are family members/relatives of the husband of the opposite party no. 4. The husband of the opposite party no. 4 is not a party to the present petition and is presently in the country of Saudi Arabia where he was working as a Driver. The opposite party no. 4 after entering into the marital relationship has also given birth to a male child who is no more alive.

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Be that as it may, both the parties are ready to subscribe to the mediation proceedings before the Mediation and Conciliation Centre of this Court for an amicable settlement of the matrimonial dispute. The petitioners have assured that the husband of the opposite party no. 4 shall participate in the mediation proceeding virtually from abroad for which necessary link shall be provided by the office of this Court to the petitioners to participate in the mediation proceedings. It is also submitted that the petitioner no. 2 shall also appear in the mediation proceedings so as to bridge the gap in order to show the bona fide for an amicable settlement through mediation.

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The petitioner shall deposit a sum of Rs. 30,000/-(thirty

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thousand only) before the Mediation and Conciliation Centre of this Court within a period of two weeks from today. The amount deposited by the petitioner shall be released in favour of the opposite party no. 4.

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This apart, the petitioners also undertake to pay a sum of rupees one thousand to the opposite party no. 4 on each date fixed by the Mediation Centre so as to facilitate her participation in the mediation proceedings.

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Parties shall appear before the Mediation and Conciliation Centre of this Court on 18.10.2024.

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The Mediation and Conciliation Centre is expected to ensure expeditious sessions between the parties and submit the report accordingly before this Court.

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List along with the mediation report.

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Till the next date of listing, the petitioners shall not be arrested pursuant to the impugned F.I.R. registered as case crime no. 0183 of 2024, under Sections 498A, 323, 328, 504, 506 I.P.C. and Section 3/4 of the D.P. Act, police station Bazar Khala, district Lucknow subject to deposit of amount as directed above.

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[Ajai Kumar Srivastava-I,J.] [Attau Rahman Masoodi, J.]

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Order Date :- 23.9.2024 kanhaiya

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Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Rashida Alias Rashida Bano and Others v. State of U.P. Thru. Secy. Home Deptt. Govt. of U.P. Lko. and Others

Case brief

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Rashida Alias Rashida Bano and Others v. State of U.P. Thru. Secy. Home Deptt. Govt. of U.P. Lko. and Others

Case brief

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