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Santosh Sonkar And Others vs State Of U P And Others

High Court Of Judicature at Allahabad|06 January, 2021
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JUDGMENT / ORDER

Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 17415 of 2020 Petitioner :- Santosh Sonkar And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This writ petition has been filed seeking quashing of the first information report dated 23.102020 in Case Crime No. 1435 of 2020, under Sections 498-A, 323, 504, 56, 354-A of IPC and Section 3/4 of Dowry Prohibition Act, P.S. Kalyanpur, District Kanpur Nagar with a further prayer not to arrest the petitioners pursuant to the said FIR.
Submission of learned counsel for the petitioners is that they have been falsely implicated in the present case on the basis of false and concocted story only to harass and humiliate the petitioners. It is submitted that petitioner no. 1 is husband, petitioner no. 2 is sister-in-law, petitioner nos. 3, 4 & 5 are brothers-in-law, petitioner no. 6 is nephew and petitioner no. 7 is Damad of respondent no. 4.
It is contended by learned counsel for the petitioners that the present dispute is in fact a matrimonial dispute and there are chances of reconciliation between the parties.
Without entering into the merits of the submissions made, it appears that it is a fit case for being referred to the Mediation Centre of this Court as there are chances of reconciliation/settlement between the parties.
Under the circumstances, in case the petitioners deposit a sum of Rs. 20,000/- through bank draft drawn in favour of the RG A/c AHCMCC within a period of 10 days from today, the Mediation Centre shall send notice to the respondent no. 4 fixing a date for mediation. It is also observed that an attempt shall be made to conclude the mediation proceedings expeditiously preferably within a period of three months.
List this matter on 7.4.2021 before appropriate Bench. Till then, no coercive action shall be taken against the petitioners.
It is clarified that this order shall not operate, in case, amount required to be deposited by the petitioners through bank draft is not deposited within the time specified above.
From the amount of Rs. 20,000/- deposited, a sum of Rs. 10,000/- may be appropriated by the Mediation Centre for whatever purpose and the remaining amount of Rs. 10,000/- shall be handed over to the opposite party no. 4 on the conclusion of the mediation proceedings, irrespective of their outcome.
Order Date :- 6.1.2021 RavindraKSingh
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Title

Santosh Sonkar And Others vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
06 January, 2021
Judges
  • Anjani Kumar Mishra
Advocates
  • Jitendra Prasad Mishra