Disposed

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

Allahabad HC19 Mar 2025A482/2993/2025

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash proceedings for matrimonial offences under Sections 498A IPC and Dowry Prohibition Act. Court referred the matter to the Mediation Centre, Allahabad, subject to the deposit of Rs. 25,000 by the applicants within three weeks.

What did the court decide?

Matter referred to the Mediation Centre, Allahabad, subject to deposit of Rs. 25,000 by the applicants within three weeks.

Sovinder and 2 Others vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2025)

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 2993 of 2025

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Applicant :- Sovinder And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Patel Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Dharmendra Kumar Patel, learned counsel for the applicants and Sri Mohd. Shoeb Khan, learned A.G.A. for the State.

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The present application has been filed to quash the cognizance/summoning order dated 05.03.2022 passed by learned Judicial Magistrate Ist, Sambhal along with proceeding of Case No. 586 of 2022 (State Vs. Sovinder and others) arising out of Case Crime No. 19 of 2019 under Sections 498A, 323, 504 I.P.C., Section 3/4 of Dowry Prohibition Act as well as charge-sheet no. 135/2019 dated 10.07.2019, Police Station- Asmoli, District- Bheem Nagar, pending in the court of Additional Civil Judge (Junior Division)/ Judicial Magistrate, Court No.1, Sambhal.

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Contention of learned counsel for the applicants is that the present proceeding is arising out of the offence which is matrimonial in nature, and therefore, the matter may be referred to the Mediation Centre.

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In view of the above, the 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 three weeks from today with the Mediation Centre, out of which Rs.20,000/- shall be paid to the opposite party no.2 on her appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.5,000/- shall be retained by the mediation center towards its expenses.

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It is also directed that while depositing the amount before the Mediation Centre, learned counsel for the applicants shall also file memo of parties as mentioned in the present case along with WhatsApp Number as well as Email-Id of the private respondent(s), if available.

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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 01.07.2025.

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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 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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In the meantime, learned counsel for the applicants will file amendment application to convert the present application into Application u/s 528 of BNSS.

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Order Date :- 19.3.2025 KS

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Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad

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

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

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