Disposed¶¶8

Himanshu Bhuarya v. State of Chhattisgarh

Chhattisgarh HC20 Jun 2024CRMP/611/2024

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; CRMP No.611 of 2024; order dated 21.06.2024; matrimonial dispute between husband-petitioner and respondent No.2/wife referred to Court's Mediation Center conditional on Rs.1,00,000 deposit payable to wife on appearance; mediation to conclude preferably within two months with notices; petition auto-dismissed on non-deposit; receipt to be produced before trial Court; deposit adjusted if settlement reached; proceedings of criminal case No.4470/2020 (arising from impugned FIR) stayed till next date of listing; bench: Chief Justice Ramesh Sinha and Judge Sachin Singh Rajput; advocate: Ishan Verma for petitioner, Kawaljeet Singh Saini Panel Lawyer for State.

What did the court decide?

Matrimonial dispute referred to the Mediation & Conciliation Center of the Court for mediation between petitioner and respondent No.2/wife, conditional on deposit of Rs.1,00,000 within two weeks (payable to respondent No.2 on her appearance); mediation to conclude preferably within two months; matter to be relisted with the Mediation Center's report; proceedings of criminal case No.4470/2020 stayed till next date of listing; automatic dismissal of the petition on failure to deposit within the stated period.

21.06.2024	Mr. Ishan Verma, learned counsel for the petitioner. Also heard
	Mr. Kawaljeet Singh Saini, Panel Lawyer for the respondent / State and perused the impugned First Information Report (FIR) as well as material brought on record.
	It has been contended by the learned counsel for the petitioner that the marriage between the petitioner and respondent No.2 was solemnized on 31/07/2021 in District Court of Rajnandgaon, Chhattisgarh and currently both are living separately. He further submits that the present matter be referred to Mediation & Conciliation Center of this Court being matrimonial in nature as there are chances of compromise between the parties.
	Taking into account the statement of learned counsel for the petitioner, it is directed that the petitioner, who is husband of respondent No.2 shall appear before the Mediation Center of this Court for mediation with respondent No.2/wife subject to the
	condition that thepetitioner shall deposit Rs.1,00,000/- with the

21.06.2024

Mr. Ishan Verma, learned counsel for the petitioner. Also heard

Mr. Kawaljeet Singh Saini, Panel Lawyer for the respondent / State
and perused the impugned First Information Report (FIR) as well as
material brought on record.

It has been contended by the learned counsel for the petitioner
that the marriage between the petitioner and respondent No.2 was
solemnized on 31/07/2021 in District Court of Rajnandgaon,
Chhattisgarh and currently both are living separately. He further
submits that the present matter be referred to Mediation &
Conciliation Center of this Court being matrimonial in nature as there
are chances of compromise between the parties.

Taking into account the statement of learned counsel for the
petitioner, it is directed that the petitioner, who is husband of
respondent No.2 shall appear before the Mediation Center of this
Court for mediation with respondent No.2/wife subject to the

condition that thepetitioner shall deposit Rs.1,00,000/- with the

Mediation	Center of this Court within two weeks from today and the
same shal the Mediat	l be paid to respondent No.2 on her appearance before ion Center.
The	matter is remitted to the Mediation Center with a direction
that the conciliatio two month	Mediation Center shall conclude the mediation and n proceedings expeditiously, preferably within a period of s after giving notices to both the parties.
List	this matter thereafter along with report of Mediation
Center.
After	depositing the amount as aforesaid, notice shall be
issued to t	he parties.
It is	made clear that in case the aforesaid amount is not
deposited	within the aforesaid period, this petition shall stand
dismissed	without further reference to any Bench of this Court.
The	petitioners are directed to produce the copy of receipt
before the	trial Court concerned regarding the payment of said
money bef Court’s ord	ore the Mediation Center of this Court in pursuance of this er, then only this order shall be given into effect.

Mediation

Center of this Court within two weeks from today and the

same shal
the Mediat

l be paid to respondent No.2 on her appearance before
ion Center.

The

matter is remitted to the Mediation Center with a direction

that the
conciliatio
two month

Mediation Center shall conclude the mediation and
n proceedings expeditiously, preferably within a period of
s after giving notices to both the parties.

List

this matter thereafter along with report of Mediation

Center.

After

depositing the amount as aforesaid, notice shall be

issued to t

he parties.

It is

made clear that in case the aforesaid amount is not

deposited

within the aforesaid period, this petition shall stand

dismissed

without further reference to any Bench of this Court.

The

petitioners are directed to produce the copy of receipt

before the

trial Court concerned regarding the payment of said

money bef
Court’s ord

ore the Mediation Center of this Court in pursuance of this
er, then only this order shall be given into effect.

	It is also made clear that if any settlement is arrived at between the parties, the aforesaid amount so deposited, shall be adjusted. Till the next date of listing, further proceedings of criminal case No.4470/2020 pending before the learned trial Court shall remain stayed.
	Sd/- Sd/-
Deepti	(Sachin Singh Rajput) (Ramesh Sinha) Judge Chief Justice

It is also made clear that if any settlement is arrived at between
the parties, the aforesaid amount so deposited, shall be adjusted.
Till the next date of listing, further proceedings of criminal case
No.4470/2020 pending before the learned trial Court shall remain
stayed.

Sd/-
Sd/-

Deepti

(Sachin Singh Rajput) (Ramesh Sinha)
Judge
Chief Justice

Himanshu Bhuarya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Himanshu Bhuarya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

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