Disposed

Anup Kumar Srivastava and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Allahabad HC19 Dec 2024CRLP/9601/2024

Case brief

AI extract

What is this about?

In Criminal Misc. Writ Petition No. 9601 of 2024, the Court addressed a petition against an FIR filed for sections 498-A, 323, 506, 377 IPC and Dowry Prohibition Act. The Court ordered issuance of notice to ascertain willingness of the opposite party for mediation and granted a stay on the petitioner's arrest subject to investigation cooperation.

What did the court decide?

Notice issued to ascertain willingness for mediation. Petitioners granted temporary stay on arrest subject to investigation cooperation. Case listed for 06.01.2025.

Anup Kumar Srivastava and Others vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9601 of 2024

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Petitioner :- Anup Kumar Srivastava And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Ram Karan Yadav Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

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

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By means of this petition, petitioners have assailed the F.I.R. dated 11.10.2024 registered as F.I.R./Case Crime No.627 of 2024, under Sections 498-A, 323, 506, 377 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Madiyaon, District Lucknow.

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Learned counsel for the petitioners 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 Madiyaon, District Lucknow (opposite party no.3).

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Learned counsel for the petitioners further submits that this Court has directed the petitioner (husband of opposite party No.4) of Criminal Misc. Writ Petition No.9833 of 2024 to deposit Rs.1,00,000/- to show his bonafide before the Senior Registrar.

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List this case on 06.01.2025.

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On that date, the petitioners and opposite party no.4 shall appear in person to apprise the Court as to whether they are willing to resolve their dispute through Mediation and

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Conciliation Centre of this Court or not.

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Respondent no.3-Station House Officer, Police Station Madiyaon, 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 petitioners 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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( Om Prakash Shukla,J. ) ( Vivek Chaudhary,J. )

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Order Date :- 19.12.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Anup Kumar Srivastava and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Case brief

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Anup Kumar Srivastava and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Case brief

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