Friday, September 20, 2013

Allahabad HC; NO HARM if mediation fails; court will give you next date & NO ARREST till then

Allahabad HC ; NO HARM if mediation fails; court will give you next date and NO ARREST !! A482(A)_20050_2013


".....The mediation, however, failed because the O.P. No. 2 did not agree to reconcile the dispute with the applicants. Learned counsel also submitted that the O.P. No. 2 has made general allegations against all the applicants. In fact, it is matrimonial dispute between the husband and the wife, which has been converted into a criminal case......"

"......Till the next date of listing no coercive steps shall be taken against the applicants in Criminal Case No. 3299 of 2012 (Sheela Vs. Sushil and others), under Section 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Khampar, District-Deoria pending before the Additional Chief Judicial Magistrate, Court No. 19, Deoria. ...."

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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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CASE FROM JUDIS / INDIAN KANOON WEB SITE 
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High Court of judicature at Allahabad,

Court No. - 28

Case :- APPLICATION U/S 482 No. - 20050 of 2013

Applicant :- Sushil And 2 Ors.

Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- B.K. Mishra
Counsel for Opposite Party :- Govt. Advocate

Hon'ble Het Singh Yadav,J.

Heard learned counsel for the applicants, learned A.G.A. and perused the record. 

The applicant has moved this second application under Section 482 Cr.P.C. praying to quash the summoning order as well as the entire proceedings initiated against him on the complaint of the O.P. No. 2. 

The first application under Section 482 Cr.P.C. moved by the applicant in this regard was finally disposed of vide order dated 14.12.2012 of this Court with a direction to the applicants to move an application before the court below to refer the dispute between the parties to the Mediation and Conciliation Centre in the District Court, Deoria. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

Learned counsel for the applicants pointed out that in compliance of the order of this Court passed as aforesaid in Application under Section 482 NO. 43034 of 2012 (Sushil and others Vs. State of U.P. and another) the dispute between the parties was referred to the concerned mediation centre. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

The mediation, however, failed because the O.P. No. 2 did not agree to reconcile the dispute with the applicants. Learned counsel also submitted that the O.P. No. 2 has made general allegations against all the applicants. In fact, it is matrimonial dispute between the husband and the wife, which has been converted into a criminal case.

Notice on behalf of the O.P. No. 1 has been accepted by learned A.G.A. He prays for and is granted four weeks' time to file counter affidavit. Issue notice to the O.P. No. 2 returnable within four weeks. The O.P. No. 2 may also file counter affidavit within the same period.Rejoinder affidavit, if any, may be filed within two weeks thereafter. List this case on 23.10.2013 before appropriate Bench. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

Till the next date of listing no coercive steps shall be taken against the applicants in Criminal Case No. 3299 of 2012 (Sheela Vs. Sushil and others), under Section 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Khampar, District-Deoria pending before the Additional Chief Judicial Magistrate, Court No. 19, Deoria. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

Order Date :- 3.9.2013

A. Pt. Singh 





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