Court referred the matter under Sections 323, 504, 506, 427, 452 and 380 I.P.C. to mediation centre, stayed proceedings for 75 days, and directed parties to seek consent for mediation before district centre.
Referred matter to Mediation Centre; proceedings stayed for 75 days; proposed solution required within two months.
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Court No. - 82
Case :- APPLICATION U/S 482 No. - 985 of 2022
Applicant :- Yar Mohammad And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Naushad Siddiqui,Bipin Kumar 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. 812 of 2015 under Sections 323, 504, 506, 427, 452 & 380 I.P.C., P.S.- Ali Nagar, DistrictChandauli pending in the Court of A.C.J.M., Chandauli with an alternative prayer to stay the further proceedings of the above mentioned case.
Learned counsel for the applicants submits that 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, 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, Chandauli.
The applicants are directed to submit certified copy of this order before competent court along with an application for mediation within fifteen days from today who shall refer the matter for mediation before District Mediation Centre, Chandauli, after seeking consent of Imtiyaz Ahmadopposite party no. 2. The mediator may find out possible solution of the dispute between the parties within two months and send his report to the court regarding the outcome of mediation.
If, in any case, mediation fails, trial court will proceed with the case according to law.
It is provided that for a period of 75 days from today, the proceeding against applicants shall be kept in abeyance.
However, it is made clear that in the event mediation fails, the interim protection shall cease to operate and law will take its own course.
With the aforesaid observation, this application is disposed of finally.
Order Date :- 28.4.2022//Fhd
Digitally signed by FAHAD NIYAZ Date: 2022.04.28 16:28:44 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether mediation or conciliation is appropriate for the disputes falling under Sections 323, 504, 506, 427, 452 and 380 I.P.C.
Yar Mohammad And 4 Others
Umesh Kumar
As recorded by the court registry
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