Deepak Singh v. State of U.P. Thru. Secy. Home Affairs Lko. and Another

Allahabad HC22 Oct 2024CRLR/1055/2024

Case brief

AI extract

What is this about?

Criminal revision arising from a matrimonial dispute; the Court referred the parties to mediation, directed payment of Rs.10,000 to opposite party No.2 for expenses, kept Rs.5,000 with the Mediation Centre, and continued interim protection subject to participation.

What did the court decide?

Matter referred to Mediation and Conciliation Centre; Rs.10,000 paid to opposite party No.2; interim order continued till next listing.

Deepak Singh vs State of U.P. Thru. Secy. Home… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 14

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Case :- CRIMINAL REVISION No. - 1055 of 2024

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Revisionist :- Deepak Singh Opposite Party :- State Of U.P. Thru. Secy. Home Affairs Lko. And Another Counsel for Revisionist :- Deo Prakash Srivastava,Dinkar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajai Kumar Srivastava-I,J.

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Heard learned counsel for the revisionist, learned A.G.A appearing for the State, Sri Amitabh Banerjee and Sri Beebhu Banerjee, Advocates, who have put in appearance on behalf of opposite party No.2 by filing their vakalatnama in Court today, which is taken on record.

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Vide order dated 04.09.2024, a Co-ordinate Bench of this Court has passed the following order:-

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"1. Heard.

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2.Learned counsel for the revisionist states that there is every likelihood of the parties entering into a settlement in case the matter is referred to the Mediation Centre of this Court.

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3. Considering the aforesaid, issue notice to respondent No.2.

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4. List on 23.09.2024 as fresh on which date the respondent No.2 shall remain before this Court either personally or through her counsel to indicate as to whether she is willing to go for mediation.

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5. It is further provided that in case an amount of Rs.15,000/- is deposited within two weeks from today before this court, no coercive action shall be taken against the revisionist.

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6. It is needless to mention that in case the revisionist fails

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to deposit the amount of Rs.15,000/- within a period of two weeks, benefit of this order shall not be available to him. "

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In deference to the aforesaid Court's order dated 04.09.2024, an amount of Rs.15,000/- has been deposited by the revisionist through cash. A copy of receipt thereof is annexed to the ordersheet of the instant revision. Learned counsel for the revisionist and learned counsel for opposite party No.2 have submitted that both the parties have agreed that the dispute between them being matrimonial in nature may be resolved through the process of mediation.

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This Court is also satisfied on the basis of perusal of the record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through the process of mediation and an attempt ought to be made to explore that possibility.

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Accordingly, the matter is being referred to the Mediation and Conciliation Centre of this Court. Out of the deposited amount, Rs.10,000/- shall be handed over to the opposite party No.2, Smt. Simran Singh, on her first appearance for miscellaneous expenses. It is further provided that a sum of Rs.5,000/- shall remain deposited with the Mediation and Conciliation Centre of this Court. The parties shall appear before the Mediation Centre of this Court on 07.11.2024 .

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The mediator is allowed two months time to find

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out possible solution of the dispute between the parties and send his report to this Court regarding the outcome of mediation.

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7. List this case immediately thereafter alongwith the report of the mediator.

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Interim order, if any, shall continue to operate till the next date of listing.

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It is made clear that in case of default or nonparticipation of the revisionist in the mediation proceedings, the interim order shall automatically come to an end without any further reference to this Court.

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When the case is listed next, the names of Sri Amitabh Banerjee and Sri Beebhu Banerjee, Advocates, shall be shown in the cause list as learned counsel for opposite party No.2.

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(Ajai Kumar Srivastava-I, J.)

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Order Date :- 22.10.2024 Shubhankar

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Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench

Deepak Singh v. State of U.P. Thru. Secy. Home Affairs Lko. and Another

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Deepak Singh v. State of U.P. Thru. Secy. Home Affairs Lko. and Another

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