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2025 DAILYLAW 26420 (ALL)

SATISH SRIVASTAVA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/16756/2023 · 2025-03-04

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32149 Court No. - 74 Case :- APPLICATION U/S 482 No. - 16756 of 2023 Applicant :- Satish Srivastava And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gauri Shankar Yadav Counsel for Opposite Party :- G.A.,Vineet Kumar Yadav Hon'ble Vikas Budhwar,J. 1. Heard Mr. Imrah Syed (AOR No. A/I 0007/12), holding brief of Sri Gauri Shankar Yadav, learned counsel for the applicants as well as Sri S.P. Singh, learned AGA for the State and Sri Vineet Kumar Yadav, learned counsel for opposite party No. 2. 2. This Court on 08.05.2023 proceeded to pass the following order: "1. List revised. 2. Heard Sri Gauri Shankar Yadav, learned counsel for the applicants, Sri Raj Kumar Gupta, learned counsel for the State and perused the record. 3. The present dispute between the parties relates to matrimonial dispute. 4. Learned counsel for the applicants states that the matter be referred to the Mediation and Conciliation Centre of this Court for an effort to settle the dispute amicably between the parties. 5. In view of the submissions made by learned counsel for the applicants, let the matter be referred to the Mediation and Conciliation Centre of this Court, subject to the applicants depositing a sum of Rs.25,000/- within two weeks from today before the Mediation Centre, out of which Rs.20,000/- shall be paid to the opposite party no. 2 after conclusion of the process of mediation. In case the amount is deposited, the Mediation Centre will issue notices to both the parties returnable within a period of three weeks. Learned mediator shall make an endeavour to conclude the same within three months. 6. Let the matter be listed on 21st August, 2023. 7. On that date learned counsel for both the parties shall inform the Court regarding outcome of the proceedings of mediation. 8. The Mediation Centre shall also send its report to this Court by the next date. 9. Till the next date of listing, no coercive action shall be taken against the applicants- Satish Srivastava, Arunabha and Amit Srivastava in Case No. 22 of 2023 (State vs. Sumit Srivastava and others), arising out of Case Crime No. 21 of 2022, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Sambhal pending before the Civil Judge (Junior Division) / F.T.C., Sambhal at Chandausi. 10. It is made clear that in case, there occurs default by the applicants either in depositing the amount before the Mediation and Conciliation Centre of this Court and producing its receipt before the trial court within one week of its deposit or in appearing before the Mediation Centre on the date or dates fixed, the interim order shall cease to be operative and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the Bench concerned for passing appropriate order in the matter. " 3. There is a report dated 05.10.2023 of Allahabad High Court Mediation Center which shows that mediation completed with no agreement. However, while inviting attention towards, the supplementary affidavit dated 07.01.2025, it is being sought to be contended that during the pendency of the present proceedings, the parties have entered into a compromise and the compromise has also been submitted on affidavit on 12.11.2024 before the court below. A copy whereof is annexure-1 at page-7 onwards. Learned counsel for the applicants submits that direction be issued for verification and in the meantime, interim protection be accorded. 6. Learned AGA as well as learned counsel for opposite party no.2 do not dispute the said facts. 7. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below in the week commencing 20.03.2025 along with the self attested copy of the present application and a certified copy of the order. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application as alleged to have been filed by the applicants by 23.05.2025. 8. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in the proceedings of Case No. 22 of 2023 (Stete vs. Sumit Srivastava and Ors) arising out of case crime no.21 of 2022 under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. ACT, P.S. Mahila Thana, District Sambhal pending in the court of Civil Judge (J.D.)/ FTC, Sambhal at Chandausi. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 5.3.2025/ C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad