Alka Singh vs State of U.P. Thru. Prin. Secy. Lko and 2 Others — Allahabad HC (2025) — LawSathi Research

Alka Singh vs State of U.P. Thru. Prin. Secy. Lko and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only (application not finally disposed): matter referred to the Mediation and Conciliation Centre for 17.02.2025 with a Rs.5,000 deposit by the applicant within ten days; notice to opposite party Nos. 2 and 3 within four working days; proceedings in issue stayed qua the applicant till the next listing on 25.03.2025, conditional on timely deposit and steps, failing which the interim protection lapses; post-failure extension only after hearing on merits

Issue for consideration

Whether the dispute underlying the quashing application may be settled amicably through the Mediation and Conciliation Centre of the Court +1 more

Court's answer

Matter placed before the Mediation and Conciliation Centre of this Court on 17.02.2025 to explore amicable settlement

Ratio / Principle

Applicant to deposit Rs.5,000 before the Mediation and Conciliation Centre within ten days, to be utilized by the Centre

Key takeaways

Notice to be issued to opposite party Nos. 2 and 3, with steps to be taken within four working daysratio¶10
Proceedings in issue to remain stayed qua the applicant till the next date of listingratio¶12
Case to be listed/put up before the Court on 25.03.2025 along with the report of the Mediation and Conciliation Centreratio

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 12) - Saurabh Lavania, J. - Order dated 15.1.2025. Application U/S 482 No. 11654 of 2024: Alka Singh (applicant; counsel Sunil Kumar Maurya, Abhishek Yadav, Sheel Kumar) v. State of U.P. thru Prin. Secy., Lko and 2 others (G.A.). Relief sought: quashing of the order dated 19/11/2024 of Additional Principle Judge-5, Family Court, District Lucknow in Criminal Misc. case no. 1452/2024 (Akriti Singh another Vs. Alka Singh) under section 128 of the Code of Criminal Procedure, 1973, and stay of the effect and implementation of that order. On counsel stating that the applicant was ready to settle amicably, the Court placed the matter before the Mediation and Conciliation Centre for 17.02.2025, directing deposit of Rs.5,000 within ten days (to be utilized by the Centre); notice to opposite party Nos. 2 and 3 with steps within four working days; proceedings stayed qua the applicant till the next date of listing (25.03.2025, with the mediation report); interim protection to lapse if the deposit and steps are not completed within the specified time; if mediation/settlement fails, extension of the interim order only after hearing counsel on merits.

Court No. - 12

Case :- APPLICATION U/S 482 No. - 11654 of 2024

Applicant :- Alka Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko And 2 Others Counsel for Applicant :- Sunil Kumar Maurya,Abhishek Yadav,Sheel Kumar Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicant as well as the learned AGA for the State and perused the record.

The present application has been filed by the applicant seeking following main relief(s):-

"To quash the order dated 19/11/2024 passed by Additional Principle Judge-5, Family Court, District -Lucknow in Criminal Misc. case no. 1452/2024 (Akriti Singh another Vs. Alka Singh) under section 128 of the Code of Criminal Procedure, 1973 and the effect and implementation of the aforesaid order be stayed."

Learned counsel for the applicant stated that the applicant is ready to settle the dispute amicably by way of mediation, as such, the matter may be referred to Mediation and Conciliation Centre of this Court, so as to explore possibility of amicable settlement of dispute between the parties and to show the bonafide, he says that the applicant is ready to deposit an amount to the tune of Rs. 5,000/- before Mediation and Conciliation Centre of this Court.

In view of above, it is provided that the matter be placed before Mediation and Conciliation Centre of this Court on 17.02.2025. The applicant shall deposit an amount of Rs.5,000/before the Mediation and Conciliation Centre of this Court, within ten days from today, which shall be utilized by the Mediation Centre of this Court.

Issue notice to the opposite party Nos. 2 and 3. Steps in this regard be taken within four working days.

List/put up this case before this Court on 25.03.2025 along with the report of Mediation and Conciliation Center of this Court.

Till the next date of listing, the proceedings in issue shall remain stayed qua the applicant.

In case, the amount aforesaid is not deposited and steps are not taken by the applicant within the specified time, the interim protection granted by this Court shall not be available to the applicant.

It is also made clear that if the mediation/settlement fails, the interim order would be extended only after hearing the learned counsel for the applicant on merits.

Order Date :- 15.1.2025

G. Singh/ Anand/-

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