Disposed

Shyamveer and 2 Others v. State of U.P. and Another

Allahabad HC6 Jan 2025A482/28500/2024

Case brief

AI extract

What is this about?

Applicants sought quashing of a complaint case filed under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act, arguing it is a settleable matrimonial dispute. The court referred the matter to mediation with a conditional deposit and granted interim protection from coercive action.

What did the court decide?

Referral to Mediation Centre, Allahabad High Court on deposit of Rs.25,000 (Rs.22,500 to opposite party no.2); notice to opposite party No.2; interim non-coercive protection till next listing subject

Shyamveer and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 28500 of 2024

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Applicant :- Shyamveer And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Yogesh Kr. Srivastava, learned counsel for the applicants and Sri P.P. Tiwari, learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the order dated 15.12.2023 passed in Complaint Case No. 317 of 2023 ( Vinita vs. Shyamveer and others ), u/s 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Pachokhara, District Firozabad and stay the further proceeding of the aforesaid case.

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Contention of learned counsel for the applicants is that the present dispute is a matrimonial dispute between husband and wife which can be settled through mediation, therefore, this matter may be referred to the Mediation Centre, Allahabad High Court.

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Considering the nature of the case, the present matter is referred to the Mediation Centre, High Court Allahabad, subject to the condition that the applicants will deposit a sum of Rs. 25,000 /- within two weeks from today with the Mediation Centre out of which Rs.22,500/- shall be paid to opposite party no.2 on her appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.2500/- shall be retained by the mediation center towards its expenses.

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Issue notice to opposite party No.2.

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After depositing the aforesaid amount within aforementioned time, notices shall be issued to the parties fixing some date for mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously.

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List in the week commencing 24.2.2025.

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It is further provided, if applicants file receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicants in the aforesaid case, till the next date of listing.

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It is made clear that in case there occurs default by the applicants either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate to the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter.

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It is also made clear that in case the applicants fail to submit the receipt of the aforesaid deposit before the court below then the court below is free to proceed against the applicants.

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Order Date :- 6.1.2025 Vandana

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Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad

Shyamveer and 2 Others v. State of U.P. and Another

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Shyamveer and 2 Others v. State of U.P. and Another

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