Remanded

Vimal Singh Thakur v. State of Chhattisgarh

Chhattisgarh HC3 Sept 2024CRMP/2381/2024

Case brief

AI extract

What is this about?

The Chhattisgarh High Court granted interim stay on Sections 498-A IPC criminal proceedings pending mediation. The court directed the husband to appear at the Mediation Center after depositing Rs.1,00,000 as security, with proceedings to conclude within two months.

What did the court decide?

Criminal proceedings under Sections 498-A and 34 IPC were stayed; matter remanded for mediation subject to a security deposit of Rs.1,00,000.

04/09/2024 Heard Ms. Priyanka Rai Mishra, Advocate appearing for the petitioners. Also heard Mr. Shailendra Sharma, learned Panel Lawyer for the State/respondent. Learned counsel for the petitioner submits that she would file an application for interim relief today itself. It has been contended by the learned counsel for the
petitioners that petitioner No.1 is the husband of
complainant and the petitioner No.2 is mother-in-law of the complainant. The marriage of the petitioner No.1 and the
complainant was solemnized on 20.06.2022. It is alleged
by the complainant that after six months of marriage, the
petitioners started harassing her mentally and physically
and they used to taunt her for bringing less dowry. The
allegations made by complainant is not only false &
frivolous, but also with a malafide intention for harassing
the petitioners. She further submits that the alleged
complaint about taunting by in-laws regarding bringing less items, which if taken as it is, then also does not constitute
offence under Section 498-A of the IPC. She further
submits that photographs of relationship of complainant
with another person is also filed as Annexure-P/3 in the petition.

04/09/2024
Heard Ms. Priyanka Rai Mishra, Advocate appearing
for the petitioners. Also heard Mr. Shailendra Sharma,
learned Panel Lawyer for the State/respondent.
Learned counsel for the petitioner submits that she
would file an application for interim relief today itself.
It has been contended by the learned counsel for the

petitioners that petitioner No.1 is the husband of

complainant and the petitioner No.2 is mother-in-law of the
complainant. The marriage of the petitioner No.1 and the

complainant was solemnized on 20.06.2022. It is alleged

by the complainant that after six months of marriage, the

petitioners started harassing her mentally and physically

and they used to taunt her for bringing less dowry. The

allegations made by complainant is not only false &

frivolous, but also with a malafide intention for harassing

the petitioners. She further submits that the alleged

complaint about taunting by in-laws regarding bringing less
items, which if taken as it is, then also does not constitute

offence under Section 498-A of the IPC. She further

submits that photographs of relationship of complainant

with another person is also filed as Annexure-P/3 in the
petition.

Taking into account the statement of learned counsel
for the petitioners, it is directed that the petitioner No.1,
who is the husband of complainant shall appear before the
Mediation Center of this Court for mediation with his
wife/complainant subject to the condition that petitioner
No.1/husband shall deposit Rs.1,00,000/- with the
Mediation Center of this Court within a period of two weeks
from today and the same shall be paid to complainant/wife on her appearance before the Mediation Center. The matter is remitted to the Mediation Center with
the direction that the Mediation Center shall conclude the mediation and conciliation proceedings expeditiously,
preferably within a period of two months after giving
notices to both the parties. List thereafter along with report of Mediation Center.
Till the next date of listing, further criminal
proceedings pursuance to the FIR No.30/2024 registered
on 22.05.2024 against the petitioners at Police Station-
Mahila Thana, District-Durg, C.G. under Section 498-A, 34
of IPC shall remain stayed. After depositing the amount as aforesaid, notice shall
be issued to theparties.

Taking into account the statement of learned counsel

for the petitioners, it is directed that the petitioner No.1,

who is the husband of complainant shall appear before the

Mediation Center of this Court for mediation with his

wife/complainant subject to the condition that petitioner

No.1/husband shall deposit Rs.1,00,000/- with the

Mediation Center of this Court within a period of two weeks

from today and the same shall be paid to complainant/wife
on her appearance before the Mediation Center.
The matter is remitted to the Mediation Center with

the direction that the Mediation Center shall conclude the
mediation and conciliation proceedings expeditiously,

preferably within a period of two months after giving

notices to both the parties.
List thereafter along with report of Mediation Center.

Till the next date of listing, further criminal

proceedings pursuance to the FIR No.30/2024 registered

on 22.05.2024 against the petitioners at Police Station-

Mahila Thana, District-Durg, C.G. under Section 498-A, 34

of IPC shall remain stayed.
After depositing the amount as aforesaid, notice shall

be issued to theparties.

	It is made clear that in case the aforesaid amount is
	not deposited within the aforesaid period, the interim protection granted as above shall automatically be vacated and this petition shall stand dismissed without further reference to any Bench of this Court. The petitioners are directed to produce the copy of the receipt before the trial Court concerned regarding payment of the said money before the Mediation Center of this Court in pursuance of this Court's order, then only this order shall be given effect into. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice
Amardeep

It is made clear that in case the aforesaid amount is

not deposited within the aforesaid period, the interim
protection granted as above shall automatically be vacated
and this petition shall stand dismissed without further
reference to any Bench of this Court.
The petitioners are directed to produce the copy of
the receipt before the trial Court concerned regarding
payment of the said money before the Mediation Center of
this Court in pursuance of this Court's order, then only this
order shall be given effect into.
SD/-
SD/-
(Bibhu Datta Guru)
(Ramesh Sinha)
Judge
Chief Justice

Amardeep

Vimal Singh Thakur v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Vimal Singh Thakur v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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