Partly allowed

Krishna Kumar Nigam v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 2 Others

Allahabad HC23 Oct 2024CRLP/7146/2024

Case brief

AI extract

What is this about?

This Court quashed the arrest order against the petitioner in a matrimonial dispute case arising from pending divorce proceedings under Section 13-B of the Hindu Marriage Act. The Court directed the parties to mediate and imposed a security deposit condition for interim bail.

What did the court decide?

Stayed arrest of petitioner subject to deposit of Rs. 25,000 with the Mediation Centre; directed parties to appear for mediation on 17.10.2024.

Krishna Kumar Nigam vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2024)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7146 of 2024

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Petitioner :- Krishna Kumar Nigam Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 2 Others Counsel for Petitioner :- Ashok Kumar Singh,Vipul Kumar Mishra Counsel for Respondent :- G.A.

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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 Ashish Kumar Tiwari, learned counsel, who has put in appearance on behalf of the opposite party no. 3.

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Although a compromise has been arrived at between the parties orally but the proceedings of mutual divorce are stated to be pending under section 13-B of the Hindu Marriage Act.

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The impugned F.I.R. is an outcome of the matrimonial dispute between the petitioner and opposite party no. 3. The petitioner has expressed an amicable settlement through the process of mediation proceedings before the Mediation and Conciliation Centre of this Court.

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It is also accepted by the learned counsel for the opposite party no.3, who has put in appearance on her behalf and has also stated that an oral compromise has been acted upon between the parties. In order that settlement between the parties as a legal sanctity, both of them are ready to subscribe to the mediation proceedings before the Mediation and Conciliation of this Court.

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Be that as it may, both the parties are ready to subscribe to the mediation proceedings before the Mediation and

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Conciliation Centre of this Court for an amicable settlement of the matrimonial dispute.

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The petitioner shall deposit a sum of Rs. 25,000/-(Rs. twenty five 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. 3 in installments having regard to the appearances on which she may be required to participate in the proceedings.

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Parties shall appear before the Mediation and Conciliation Centre of this Court on 17.10.2024.

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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 petitioner shall not be arrested pursuant to the impugned F.I.R. registered as case crime no. 856 of 2022, under Sections 498A, 323, 504, 506 I.P.C., police station Kotwali, district Barabanki subject to deposit of amount as directed above.

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(A.K. Srivastava-I, J.) (A.R. Masoodi, J.)

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Order Date :- 23.9.2024 akhilesh/-

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

Krishna Kumar Nigam v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 2 Others

Case brief

What is this about?

What did the court decide?

Krishna Kumar Nigam v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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