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Shailendra Kumar @ Sonu & Others vs State Of U.P. Thru. Prin. Secy. ...

High Court Of Judicature at Allahabad|19 August, 2021

JUDGMENT / ORDER

Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Dinesh Kumar, learned counsel for the petitioners, Smt. Smiti Sahay, learned A.G.A. for the State/respondents no.1 to 3 and perused the impugned F.I.R. as well as material brought on record.
It has been contended by the learned counsel for the petitioners that the marriage between respondent no.4-Smt. Preeti Chaudhary and petitioner no.1-Shailendra Kumar alias Sonu was solemnized on 17.01.2019. Thereafter, the impugned FIR has been lodged by the respondent no.4 roping in, the entire family of husband-petitioner, containing absolutely false, concocted, vague and sweeping allegations against them that they were demanding dowry from her and her parents and on account of non-fulfillment of the alleged demands of dowry, she was being tortured and maltreated by them in her matrimonial home. He further submits that the present matter be referred to Mediation & Conciliation Centre 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 petitioners, it is directed that the petitioner no.1, who is husband of respondent no.4, shall appear before the Mediation Centre of this Court for mediation with his wife, i.e., respondent no.4 subject to the condition that petitioner no.1 shall deposit Rs.30,000/- to the Mediation Centre of this Court within two weeks from today, and the total amount of Rs.30,000/- shall be paid to respondent no.4 on her appearance before the Mediation Centre.
The amount so deposited shall be adjusted after the final settlement arrived at between the parties.
The matter is remitted to the Mediation Centre with the direction that the Mediation Centre 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 Centre.
Till the next date of listing, petitioners, Shailendra Kumar alias Sonu, Manish, Umesh Chaudhary alias Umesh Kumar, Kishan Lal alias Kishan Kanaujia, Vinod Kanaujia alias Vinod Kumar, shall not be arrested pursuant to the impugned FIR dated 27.08.2020 registered as FIR No.0549 of 2020, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Madiyaon, District Lucknow.
After deposition of amount as aforesaid, notice shall be issued to respondent no.4.
It is made clear that in case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated and this petition shall stand dismissed without further reference to the Court.
.
(Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 19.8.2021 Ajit/-
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Title

Shailendra Kumar @ Sonu & Others vs State Of U.P. Thru. Prin. Secy. ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
19 August, 2021
Judges
  • Ramesh Sinha
  • Saroj Yadav