Mohd Sahab And 5 Others v. State Of U.P. And 2 Others
Case at a glance
- Decided
- 22 Jan 2025
- Bench
- VIVEK KUMAR BIRLA, NAND PRABHA SHUKLA
Provisions considered
- Constitution of India art. 226
- Indian Penal Code, 1860 ss. 323, 498A, 504, 506
- Dowry Prohibition Act, 1961 ss. 3, 4
- Muslim Women (Marriage Right of Protection) Act, 2019 ss. 3, 4
Key paragraphs
- Para 44. In view of the above, it is directed that petitioners shall deposit a sum of Rs. 50,000/- within ten days from today with the Mediation Centre of this Court out of which Rs. 45,000/- shall be paid to the opposite party no. 3, on…
Judgment
Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J.
Heard Sri Jitendra Kumar Yadav, learned counsel for the petitioners as well as learned AGA appearing for the State respondents and Sri Anjani Kumar, learned counsel for the informant and perused the record.
The petitioner, by means of this writ petition under Article 226 of the Constitution of India, has invoked the jurisdiction of this Court with prayer to quash the impugned First Information Report dated 11.12.2024, registered as Case Crime No. 155 of 2024, under Sections 498A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act and Section 3/4 Muslim Women (Marriage Right of Protection) Act 2019, P.S. Colonelganj, District Kanpur Nagar and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
It is submitted by learned counsel for the both the parties that the matter may be amicably settled by way of mediation and conciliation, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court.
In view of the above, it is directed that petitioners shall deposit a sum of Rs. 50,000/- within ten days from today with the Mediation Centre of this Court out of which Rs. 45,000/- shall be paid to the opposite party no. 3, on the date fixed, for her appearance before the Mediation Centre and Rs. 5000/- shall be retained by the Mediation Centre as mediation fee.
The matter is remitted to the Mediation Centre with the direction that after deposit of such amount, by the petitioner, the mediation centre shall make all possible efforts to conclude the mediation by the next date fixed.
Both the parties are directed to appear before Mediation Centre on 10.2.2025.
Put up this case on 17.3.2025 as fresh before the appropriate Bench along with the report of Mediation Centre.
Till the next date of listing, no coercive action shall be taken against the petitioner in the above mentioned case.
It is made clear that in case there occurs default by the petitioner either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter. Order Date :- 22.1.2025 Abhishek
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Indian Penal Code, 1860 — ss. 323, 498A, 504, 506; Dowry Prohibition Act, 1961 — ss. 3, 4; Muslim Women (Marriage Right of Protection) Act, 2019 — ss. 3, 4.
Which court decided this case, and when?
Allahabad High Court, on 22 Jan 2025. The bench was VIVEK KUMAR BIRLA, NAND PRABHA SHUKLA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.