Ram Kapil and 8 Others vs State of U.P. Thru. Its Prin. Secy. Home Lko and 2 Others — Allahabad HC (2025) — LawSathi Research

Ram Kapil and 8 Others vs State of U.P. Thru. Its Prin. Secy. Home Lko and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: proceedings against the applicants kept in abeyance till the next date of listing (17.03.2025); matter referred to the Mediation and Conciliation Centre on 04.02.2025 with a conditional deposit of Rs. 50,000/-; notice issued to opposite party No. 2. The quashing prayer itself was not decided at this stage.

Issue for consideration

Whether the criminal case arising out of a matrimonial dispute (charge sheet No. 1/2022 dated 31.08.2022 and summoning order dated 10.10.2022 in Case No. 979 of 2022, under Sections 498-A, 323 IPC and 3/4 D.P. Act) can be settled amicably by way of mediation, warranting interim suspension of the proceedings pending settlement.

Court's answer

Finding that the matter requires consideration in view of the prospect of amicable settlement, the Court placed the matter before the Mediation and Conciliation Centre of the Court on 04.02.2025, with the applicants to deposit Rs. 50,000/- within three weeks, to be released in favour of opposite party No. 2.

Ratio / Principle

Notice was ordered to be issued to opposite party No. 2 (Mrs. Rekha alias Rekha Kumari), returnable at an early date, with steps to be taken within seven working days.

Key takeaways

Till the next date of listing, the proceedings against the applicants were kept in abeyance.ratio¶12
If the required steps are not taken within the specified time or the specified amount is not deposited by the applicants, the interim protection granted by the Court shall not be available to them.ratio¶13
If the mediation/settlement fails between the parties, the interim order would be extended only after hearing learned counsel for the applicants on merits.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Saurabh Lavania, J. - Interim order dated 3.1.2025 in Application U/S 482 No. 11775 of 2024. Ram Kapil and 8 others sought quashing of charge sheet No. 1/2022 dated 31.08.2022 and the summoning order dated 10.10.2022 in Case No. 979 of 2022 (Sections 498-A, 323 IPC and 3/4 D.P. Act, Police Station Mahila, Lakhimpur Khiri) pending before the Additional Chief Judicial Magistrate, Court No.2. Counsel for the applicants submitted that the matter arose from a matrimonial dispute capable of settlement by mediation and offered to deposit Rs. 50,000/- as a show of bonafide. Finding that the matter requires consideration, the Court referred it to the Mediation and Conciliation Centre on 04.02.2025, directed deposit of Rs. 50,000/- (releasable to opposite party No. 2, Mrs. Rekha alias Rekha Kumari), ordered notice with steps within seven working days, kept the proceedings in abeyance till listing on 17.03.2025 as fresh alongwith the mediation report, and made the interim protection conditional on timely steps/deposit and on the outcome of mediation, failing which extension would follow only after hearing on merits.

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11775 of 2024 Applicant :- Ram Kapil And 8 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko And 2 Others Counsel for Applicant :- Mohammad Imran,Bajhul Quamar Siddiqui Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel appearing for the applicants, learned AGA for the State of U.P. and perused the record.

The present application has been filed for the following main relief:-

"I. Pass an order or direction thereby quashing the entire charge sheet bearing No. 1/2022 dated 31.08.2022 in Case No. 979 Of 2022, Under Section 498-A, 323 IPC And 3/4 D.P. Act, Police Station Mahila, District Khiri Parties- Smt. State Vs. Ram Kapil And Others; pending in the Court of Learned Additional Chief Judicial Magistrate, Court No.2, Lakhimpur Khiri; and

Il. Pass an order or direction thereby quashing the impugned summoning order dated 10.10.2022, contained in Annexure No.1, Passed by the Learned Additional Chief Judicial Magistrate, Court No.2, Lakhimpur Khiri in Case No. 979 Of 2022, Under Section 498-A, 323 IPC And 3/4 D.P. Act, Police Station Mahila, District Khiri Parties-State Vs. Ram Kapil and others."

Learned Counsel for the applicants submitted that on account of matrimonial dispute, the case was filed by the side opposite and this dispute can be settled by way of mediation. It is also stated that applicants is ready to settle the dispute aforesaid. To show the bonafide learned counsel for the applicants further stated that applicant would deposit an amount to the tune of Rs. 50,000/- within three weeks before the Mediation and Conciliation Centre of this Court.

Considering the submissions advanced by the learned counsel appearing for the applicants including that the dispute between the parties can be settled amicably by way of mediation, this Court finds that the matter requires consideration.

It is, therefore, provided that the matter be placed before Mediation and Conciliation Centre of this Court on 04.02.2025. The applicants shall deposit an amount of Rs. 50,000/- before the Mediation and Conciliation Centre of this Court, within three weeks, which shall be released in favour of the opposite party No.2.

Issue notice to the opposite party No. 2/Mrs. Rekha alias Rekha Kumari, returnable at an early date. Steps in this regard be taken within seven working days.

List/put up this case before this Court on 17.03.2025 as fresh alongwith mediation report in this regard.

Till the next date of listing, the proceedings against the applicants shall be kept in abeyance.

In case, the steps are not taken within time specified or amount aforesaid is not deposited by the applicants within the specified time, the interim protection granted by this Court shall not be available to them. It is also made clear that if the mediation/settlement fails between the parties, the interim order would be extended only after hearing of learned Counsel for the applicants on merits.

Order Date :- 3.1.2025

Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench