Disposed

Chandra Shekhar v. State of U.P. Thru. Prin. Secy., Home and Others

Allahabad HC2 Sept 2024CRLRD/341/2024

Case brief

AI extract

What is this about?

The High Court examined a criminal revision filed by a revisionist. The Court noted that the opposite party appeared and deposited a security amount. Considering the matrimonial nature of the dispute and the existence of a security deposit, the Court decided to refer the matter to the Mediation and Conciliation Centre of this Court for settlement proceedings.

What did the court decide?

The matter is referred to the Mediation and Conciliation Centre of this Court; Rs.90,000 granted for miscellaneous expenses to the opposite party.

Chandra Shekhar vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 14

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Case :- CRIMINAL REVISION DEFECTIVE No. - 341 of 2024

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Revisionist :- Chandra Shekhar

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Opposite Party :- State Of U.P. Thru. Prin. Secy., Home And Others

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Counsel for Revisionist :- Praveen Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Ajai Kumar Srivastava-I,J.

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1. Heard Ms. Rupa, Advocate holding brief of Sri Praveen Kumar Tripathi, learned counsel for the revisionist, learned A.G.A appearing for the State and Sri Harsh Vardhan Singh, Advocate, who has filed his vakalatnama in Court today, which is taken on record.

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2. Vide order dated 02.09.2024, this Court has passed the following order :-

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"(Order on application for condonation of delay)

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Heard.

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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 the Mediation Centre of this Court.

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Considering the aforesaid, issue notice to respondents No.3 & 4.

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List on 25.09.2024 as fresh on which date the respondents No.3 and 4 shall remain before this Court either personally or through their counsel to indicate as to whether they are willing to go for mediation.

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It is further provided that in case an amount of Rs.1,00,000/- is deposited within two weeks from today

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before this court, no coercive action shall be taken against the revisionist.

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It is needless to mention that in case the revisionist fails to deposit the amount of Rs.1,00,000/- 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 02.09.2024, the opposite party No.3 has appeared before this Court, who has been identified by her respective counsel, and they have agreed that the dispute between them being matrimonial in nature may be resolved through the process of mediation. It also appears that pursuant to the aforesaid order dated 02.09.2024, an amount of Rs.1,00,000 (rupees one lac) has already been deposited by revisionist vide D.D. No.018885. 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.90,000/- shall be handed over to the opposite party No.3, Smt. Sailendri alias Bitti on her first appearance for miscellaneous expenses. It is further provided that a sum of Rs.10,000/- shall remain deposited with the Mediation and Conciliation

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Centre of this Court. The parties shall appear before the Mediation Centre of this Court on 13.11.2024.

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6. It is made clear that this amount i.e. Rs.90,000/- shall be adjusted towards any amount which the parties ultimately settled through the process of mediation.

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7. The mediator is allowed two months' 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 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 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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11. When the case is listed next, the name of Sri Harsh Vardhan Singh, Advocate, shall be shown in the cause list as learned counsel for opposite party No.3.

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(Ajai Kumar Srivastava-I, J.)

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Order Date :- 5.11.2024 Arnima

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

Chandra Shekhar v. State of U.P. Thru. Prin. Secy., Home and Others

Case brief

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Chandra Shekhar v. State of U.P. Thru. Prin. Secy., Home and Others

Case brief

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