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Sunder And, Another. Vs. State of Uttar Pradesh (U.P.) and Others.

Sunder And, Another. vs State of Uttar Pradesh (U.P.) and Others.

Type Court Judgment Court Allahabad Decided Aug 02, 2010
~2 min read
https://sooperkanoon.com/case/912278

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Citation
Court
Allahabad High Court
Judge
Decided On
Case Number
APPLICATION U/S 482 No. - 24175 of 2010
Subject
CriminalFood Adulteration

Case Summary

AI-generated summary - not the official court judgment text.

Prayer: Civil Revision Petition filed under Article 227 of Constitution of India against the order dated 25.02.2004 made in R.E.A.No.954 of 1995 in REP.No.1/93 by the Hon'ble Additional Sub-Judge, Salem, dismissing the petition filed by the petitioner herein seeking to implead themselves in the execution proceedings...

Key legal issue
CriminalFood Adulteration
Acts & sections
Indian Penal Code (IPC) - Sections 498A, 323, 504, 506; Dowry Prohibition Act

Parties & Advocates

Appellant / Petitioner

Sunder And, Another.

Advocate Ramanuj Tripathi, Adv.

Respondent

State of Uttar Pradesh (U.P.) and Others.

Legal References

Acts
Indian Penal Code (IPC) - Sections 498A, 323, 504, 506; Dowry Prohibition Act

Excerpt

prayer: civil revision petition filed under article 227 of constitution of india against the order dated 25.02.2004 made in r.e.a.no.954 of 1995 in rep.no.1/93 by the hon'ble additional sub-judge, salem, dismissing the petition filed by the petitioner herein seeking to implead themselves in the execution proceedings in rep no.1/93 and thereby permit them to contest the claim of the first respondent.1. heard learned counsel for the applicant and the learned a.g.a. the dispute seems to be between husband and wife. having gone through the record, i prima facie find that the parties should be given a chance to settle their differences on their own terms through the process of mediation and conciliation. 2. let this order be placed before the registrar/incharge of 'allahabad high court mediation and conciliation centre'. the registrar/incharge of the mediation centre will issue notices to both the parties fixing a date for their personal appearances at the centre before the mediator by the organizing secretary of the mediation centre. 3. mediator/conciliator is allowed three months' time to find a possible solution of disputes between the parties. the case will be listed before the appropriate bench in week commencing 29.11.2010 along with the report of conciliator. 4. the applicants are directed to deposit rs. 10,000/- at the mediation centre within two weeks for the expenses to be borne by respondent no. 2. the applicants undertakes to appear at the mediation centre on every date fixed for mediation. 5. meanwhile, further proceedings of case no. 1079 of 2006 relating to case crime no. c-3 of 2006, state versus sunder and others, under sections 498a, 323, 504, 506 ipc and d.p. act, p.s. pisawa, district aligarh shall remain stayed. 6. in case of default in deposit of rs. 10,000/- or to appear before the mediation centre on the date fixed, whichever is earlier the stay order shall stand automatically vacated. the report of the mediation centre will include a note about the deposit of rs. 10,000/- and appearances of the applicants on the date fixed at the mediation centre.

Full Judgment

1. Heard learned counsel for the applicant and the learned A.G.A. The dispute seems to be between husband and wife. Having gone through the record, I prima facie find that the parties should be given a chance to settle their differences on their own terms through the process of mediation and conciliation.

2. Let this order be placed before the Registrar/Incharge of 'Allahabad High Court Mediation and Conciliation Centre'. The Registrar/Incharge of the Mediation Centre will issue notices to both the parties fixing a date for their personal appearances at the centre before the mediator by the Organizing Secretary of the Mediation Centre.

3. Mediator/Conciliator is allowed three months' time to find a possible solution of disputes between the parties. The case will be listed before the appropriate Bench in week commencing 29.11.2010 along with the report of conciliator.

4. The applicants are directed to deposit Rs. 10,000/- at the Mediation Centre within two weeks for the expenses to be borne by respondent no. 2. The applicants undertakes to appear at the Mediation Centre on every date fixed for mediation.

5. Meanwhile, further proceedings of Case No. 1079 of 2006 relating to Case Crime No. C-3 of 2006, State versus Sunder and others, under Sections 498A, 323, 504, 506 IPC and D.P. Act, P.S. Pisawa, District Aligarh shall remain stayed.

6. In case of default in deposit of Rs. 10,000/- or to appear before the Mediation Centre on the date fixed, whichever is earlier the stay order shall stand automatically vacated. The report of the Mediation Centre will include a note about the deposit of Rs. 10,000/- and appearances of the applicants on the date fixed at the Mediation Centre.

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