Disposed

Dr. Santosh Kumar Yadav v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

Allahabad HC23 Oct 2024CRLR/1296/2024

Case brief

AI extract

What is this about?

This court referred a criminal revision to a mediation centre for settlement. The petitioner was directed to deposit Rs.50,000, with interim payments continuing pending outcome. Failure to comply vacates the order.

What did the court decide?

Matter referred to Mediation Centre; Rs.50,000 deposit directed; execution of impugned order stayed pending mediation.

Dr. Santosh Kumar Yadav vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another — Allahabad HC (2024) — LawSathi Research

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Court No. - 14

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Case :- CRIMINAL REVISION No. - 1296 of 2024

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Revisionist :- Dr. Santosh Kumar Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Revisionist :- Shashank Srivastava,Akashana Srivastava Counsel for Opposite Party :- G.A.,Neelesh Kumar Yadav

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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. for the State and learned counsel for the opposite party no.2.

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Vide order dated 23.10.2024, this Court has passed the following order :-

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"Heard.

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Issue notice to the opposite party no.2, returnable at an early date.

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Steps be taken within a week.

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List this matter again on 06.12.2024. On which date, the revisionist and opposite party no.2 shall appear in person to explore possibility of settlement of their dispute amicably through the process of mediation."

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Pursuant to the aforesaid order, the revisionist and opposite party no.2 are present in Court today and they have been identified by their respective counsel.

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Learned counsel for revisionist as well as learned counsel for opposite party no.2 have very fairly submitted that there is a possibility of settlement in between the parties in case the matter is sent to the Mediation Centre of this Court.

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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 possibility to resolve the matter through the

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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, High Court, Lucknow Bench. The parties shall appear before the Mediation and Conciliation Center on 18.12.2024. The applicant shall deposit an amount of Rs.50,000/- within ten days from today at the mediation centre. Out of the same, Rs. 45,000/shall be handed over to the wife/opposite party no.2 on her first appearance, for miscellaneous expenses. It is further provided that Rs.5,000/shall remain deposited with the Mediation and Conciliation Centre, High Court, Lucknow Bench.

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It is made clear that the aforesaid amount of Rs.50,000/- shall be adjusted towards full and final settlement between the parties.

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The mediator is allowed two months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.

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List this case after two months along with the report of mediator.

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Till the next date of listing, the impugned order dated 20.07.2024 or any process issued pursuant thereto, shall not be given effect to qua the applicant.

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It is made clear that during the process of mediation, the revisionist shall pay an amount of Rs.10,000/- per month to the opposite party no.2 in terms of the impugned judgement dated 20.07.2024.

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It is made clear that in case of default in depositing the amount by the revisionist as directed above or on non-participation of the revisionist in the mediation proceedings, the interim order shall stand automatically vacated without any further reference to this Court.

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Order Date :- 6.12.2024 Mahesh

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

Dr. Santosh Kumar Yadav v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

Case brief

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Dr. Santosh Kumar Yadav v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

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