In an application under Section 482 Cr.P.C., the court referred a matrimonial dispute case to the Mediation Centre for reconciliation and suspended further proceedings for 30 days provisionally.
Matter referred to Mediation Centre; further proceedings stayed for 30 days.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 9112 of 2021
Applicant :- Brahm Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants and learned A.G.A. appearing for State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Complaint Case No. 1044 of 2020 under Section 420 and 406 I.P.C., Police Station- Deoband, District- Saharanpur with an alternative prayer to stay the further proceedings of the above mentioned case.
Learned Counsel for the applicant submits that the case is of a civil in nature and there is every likelihood of settlement of dispute between the parties amicably if the matter is referred to Mediation Centre.
In view of the aforesaid as the dispute appears to be of matrimonial nature, I am of the view that an attempt should be made for reconciliation between the parties.
The matter on the request of learned counsel for the applicants is, therefore, referred to the Mediation Centre at Civil Court, Saharanpur.
The applicants are directed to submit a copy of this order in the Mediation Centre, Civil Court, Saharanpur within fifteen days from today.
If, in any case, mediation fails, trial court will proceed with the case according to law.
Considering the nature of offences, for a period of 30 days from today, further proceedings of the aforesaid case shall be kept in abeyance.
However, it is made clear that in the event mediation fails, the interim protection as given above shall cease to operate and law will take its own course.
With the aforesaid observation, this application is disposed of finally.
Order Date :- 14.9.2021//Fhd
1 issue framed by the court
Whether criminal proceedings arising from a matrimonial dispute may be referred for mediation.
1 provisions across 1 enactments
Brahm Singh
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
