Allowed

Arpit Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Another

Allahabad HC17 Sept 2024CRLR/1131/2024

Case brief

AI extract

What is this about?

This Court disposed of a criminal revision under Section 19(4) of the Family Courts Act by referring the matter to its Mediation and Conciliation Centre. A security deposit of Rs.25,000 was placed by the petitioner, with Rs.20,000 released to the mother of the opposite party and Rs.5,000 retained at the Centre.

What did the court decide?

Matter referred to Mediation and Conciliation Centre; Rs.20,000 released to Sonal Rai from the deposit; parties listed for 25.10.2024.

Arpit Mishra vs State of U.P. Thru. Prin. Secy. Deptt. of Home and Another — Allahabad HC (2024) — LawSathi Research

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Court No. - 14

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Case :- CRIMINAL REVISION No. - 1131 of 2024 Revisionist :- Arpit Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Another

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Counsel for Revisionist :- Rama Niwas Pathak Counsel for Opposite Party :- G.A.,Dileep Singh,Shubham Kumar Kanojiya

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Hon'ble Ajai Kumar Srivastava-I,J.

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1. Heard learned counsel for the revisionist, learned A.G.A appearing for the State and learned counsel for opposite party No.2.

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2. Vide order dated 17.09.2024, this Court has passed the following order :-

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"1. Heard.

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Instant revision under Section 19(4) of the Family Courts Act has been filed challenging the order dated 13.08.2024 passed by learned Additional Principal Judge, Family Court, Room No. 4, Lucknow, in Criminal Misc Case No.1170 of 2023 in re: Sonal Rai and another vs Arpit Mishra.

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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 Mediation Center of this Court.

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Considering the aforesaid, issue notice to respondent no.2 through her guardian returnable at an early date.

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List this case on 18.10.2024 as fresh on which date the respondent no. 2 through guardian shall either appear in person or through counsel to indicate whether she is willing to go for mediation.

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It is further provided that in case an amount of Rs.25,000/- is deposited within two week from today before this court to show his bona fide, no coercive action shall be taken against the revisionist.

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It is needless to mention that in case the revisionist fail to deposit the amount of Rs.25,000/- within a period of two weeks, benefit of this order shall not be available to him."

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3. In deference to the aforesaid order of this Court dated 17.09.2024, the revisionist and opposite party

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No.2 have appeared before this Court, who have been identified by their respective counsel, and they have agreed that the dispute between them may be resolved through the process of mediation. It also appears that pursuant to the aforesaid order dated 17.09.2024, an amount of Rs.25,000/- has already been deposited by the revisionist vide D.D. No.743038. A copy of receipt thereof is annexed to the instant revision.

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4. 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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5. Accordingly, the matter is being referred to the Mediation and Conciliation Centre of this Court. Out of the deposited amount, Rs.20,000/- shall be handed over to Sonal Rai, who is the mother/ natural guardian of opposite party No.2 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.

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6. The parties shall appear before the Mediation Centre of this Court on 25.10.2024.

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7. The mediator is allowed eight weeks' time to find 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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8. List this case immediately thereafter alongwith the report of the mediator .

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

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10. It is made clear that in case of any 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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(Ajai Kumar Srivastava-I, J.)

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Order Date :- 18.10.2024 cks/-

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Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Arpit Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Another

Case brief

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Arpit Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Another

Case brief

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