Disposed

Tarun Kapoor v. State of U.P. and Another

Allahabad HC1 Apr 2025A482/448/2025

Case brief

AI extract

What is this about?

Application to quash criminal proceedings in a matrimonial dispute was disposed of by referring the matter to the Mediation and Conciliation Centre, conditional upon deposit of security by the applicant, with directions for expedient conclusion of mediation.

What did the court decide?

Matter referred to Mediation Centre upon deposit of Rs. 25,000/- by applicant; interim stay on coercive action pending compliance.

Tarun Kapoor vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2025)

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 448 of 2025

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Applicant :- Tarun Kapoor Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sujan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Pawan Kumar holding brief of Shri Sujan Singh, learned counsel for the applicants as well as Sri K. K. Tripathi, learned A.G.A. for the State and perused the record.

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The present application has been filed to quash the entire proceedings of Case No. 16266/2024, Case Crime No. 255/2023, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Shahganj Agra, District- Agra and summoning order dated 23.08.2024 and charge sheet dated 10.08.2023.

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It is submitted by learned counsel for the applicants that the present matter relates to matrimonial dispute, which may be amicably settled by way of mediation and conciliation. Learned counsel for the applicants states that there is every possibility of mediation in the present case, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court.

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Issue notice to opposite party no.2.

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Considering the nature of the case, the present matter is referred to the Mediation and Conciliation 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. 20,000/- 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.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

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respondent(s), if available.

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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, preferably within a period of two months.

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List in the week commencing 04.08.2025 along with the report of Mediation Centre.

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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 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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In the meantime, learned counsel for applicant will file amendment application to convert the present case into the application under Section 528 BNSS.

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Order Date :- 1.4.2025 Sharad/-

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Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Tarun Kapoor v. State of U.P. and Another

Case brief

What is this about?

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Tarun Kapoor v. State of U.P. and Another

Case brief

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