The document is a court order from the Hon'ble Sanjay Kumar Singh, J. of the High Court of Judicature at Allahabad regarding an application filed under Section 482 of the CrPC. [1] The application was filed to quash summons and stay proceedings in a criminal case regarding matrimonial disputes. [2] The court agreed to refer the matter to mediation and directed the applicant husband to deposit Rs. 20,000 for mediation, with Rs. 18,000 payable to the wife if she attends. [3] The matter was listed for further hearing on January 2, 2024 along with the mediation report.
The document is a court order from the Hon'ble Sanjay Kumar Singh, J. of the High Court of Judicature at Allahabad regarding an application filed under Section 482 of the CrPC. [1] The application was filed to quash summons and stay proceedings in a criminal case regarding matrimonial disputes. [2] The court agreed to refer the matter to mediation and directed the applicant husband to deposit Rs. 20,000 for mediation, with Rs. 18,000 payable to the wife if she attends. [3] The matter was listed for further hearing on January 2, 2024 along with the mediation report.
The document is a court order from the Hon'ble Sanjay Kumar Singh, J. of the High Court of Judicature at Allahabad regarding an application filed under Section 482 of the CrPC. [1] The application was filed to quash summons and stay proceedings in a criminal case regarding matrimonial disputes. [2] The court agreed to refer the matter to mediation and directed the applicant husband to deposit Rs. 20,000 for mediation, with Rs. 18,000 payable to the wife if she attends. [3] The matter was listed for further hearing on January 2, 2024 along with the mediation report.
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Rathore,Shobha Vati Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
1-During the course of argument learned counsel for
the applicants prays for and is allowed to implead Smt. Sama Parveen wife of Aamir (applicant No.1) as opposite party No.3.
2-Heard learned counsel for the applicants, learned
Additional Government Advocate for the State/opposite party No.1 and perused the record.
3-This application under Section 482 Cr.P.C. has been
filed by the applicants for quashing the summoning order dated 13.06.2022 as well as to stay the further proceedings of Complaint Case No. 2418 of 2019 (Abbuddin Vs. Aamir and others), under Sections 498-A, 323 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Ram Garh, District-Firozabad, pending in the court of Judicial Magistrae, Firozabad.
4-It is submitted by learned counsel for the
applicants that applicant Nos. 1 to 3 are husband, father-in-law and mother-in-law of opposite party No. 3 respectively and there is a matrimonial dispute between the parties concerned. Applicants are willing to settle the matter through mediation, therefore, an opportunity be granted to the parties concerned for reconciliation/settlement of their disputes by way of mediation.
5-This Court owes a duty to the society to strain to
utmost to repair the frayed relations between the parties concerned in matrimonial dispute, so that wounded situation may be healed into healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the parties.
6-In view of above, I agree with the submission
advanced on behalf of the applicants and feel that the interest of justice would be served, if such request of the applicants are acceded to and the criminal proceedings and other litigations between the parties concerned is brought to an end.
7-The matter is referred to Mediation & Conciliation
Centre of this Court. Applicant, No. 1, namely, Amir (husband of opposite party No.3) is directed to deposit a sum of Rs. 20,000/- by way of demand draft in favour of Registrar General, Allahabad High Court Mediation & Conciliation Centre within a period of two weeks from today to the In-charge Mediation and Conciliation Centre, High Court, Allahabad. After deposit of the aforesaid money by the applicant No. 1, office shall send a notice to the opposite party No.3-Smt. Sama Parveen fixing a date to appear before the Mediation and Conciliation Centre of this Court.
8-Out of aforesaid amount, a sum of Rs. 18,000/-
shall be payable to the opposite party No.2, namely, Smt. Sama Parveen on her appearance before the Mediation and Conciliation Centre. The remaining amount of Rs. 2,000/- shall be payable to the Mediation Centre. The Mediation Centre will submit its report in the matter within two months.
9-Opposite parties may file counter affidavit, if any,
within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
10-List this case on 02.01.2024 before the
appropriate Bench along with the report of Mediation and Conciliation Centre, High Court, Allahabad.
11-Till the next date of listing, no coercive action
shall be taken against the applicants in the aforesaid case.
12-It is made clear that in case, the said amount, as
directed above, is not deposited by the applicants within the aforesaid period, the interim protection granted by this Court shall automatically come to an end and it will be open for the concerned court below to proceed against the applicants in accordance with law.
Order Date :- 18.10.2023
Kashifa
Digitally signed by :- KASHIFA High Court of Judicature at Allahabad
American Transport Lines, Inc. v. Jorge Wrves, Maria Wrves, Miami General Supply, Inc., Anauco Corp., Occidental Fragrances Corp., Imex, Usa, Inc., 985 F.2d 1065, 11th Cir. (1993)