This list/settlement order referred a Section 482 Cr.P.C. application to the High Court Mediation Centre without construing any substantive law.
Direction for mediation and security deposit; no coercive action pending mediation.
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Court No. - 45
Case :- APPLICATION U/S 482 No. - 31833 of 2022
Applicant :- Mukesh And 4 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Geetam Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the applicants and Mr. K.P. Pathak, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire proceeding of Complaint Case No. 71 of 2022 (Smt. Krishna Vs. Mukesh and others), under section 498A, 323, 504, 506, 406 IPC and Section 3/4 D.P. Act, Police Station Kasganj, District Kasganj as well as summoning order dated 24.05.2022 passed by learned Civil Judge (J.D.)/Judicial Magistrate/F.T.C., Kasganj in the aforesaid complaint case.
Learned counsel for the parties submits that dispute between the parties is a matrimonial and in case, the matter is referred for mediation, the parties may get an opportunity to amicably settle their dispute. He, therefore, submits that in view of the peculiar facts and circumstances of the present case, it will be in the interest of both the parties that the matter may be referred for mediation to the Mediation Centre, High Court, Allahabad.
Learned A.G.A. has no objection to this proposition.
In view of the above, the matter is referred to Mediation & Conciliation Centre of this Court. The applicants are directed to deposit a sum of Rs. 25,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within a period of three weeks from today. After deposit of the aforesaid amount, office shall immediately send a notice to the opposite party no.2 calling upon him to file counter affidavit. The aforesaid amount of Rs.25,000/shall be payable to the opposite party no.2 only on his appearance twice before the Mediation and Conciliation Centre.
It is also directed that the aforesaid mediation proceedings be completed within a period of six months from the date of production of a certified copy of this order.
It is, however, provided that after completion of the mediation proceedings, whatever may be the outcome, the applicants shall be
at liberty to file a fresh application under Section 482 Cr.P.C. along with mediation report for quashing of the proceedings.
For a period of six months from today or till completion of the mediation proceedings, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
If the amount, as directed above, is not deposited by the applicants within the aforesaid period, the stay order shall automatically come to an end and the mediation centre shall immediately inform the concerned office, who in turn, shall send a notice to the concerned court below, who shall proceed further in accordance with law.
In case, the opposite party does not appear before the Mediation Centre, the money deposited by the applicant/applicants, payable to opposite party, as per direction of the Court, shall be returned to the applicant/applicants on a written application made by him/her.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 27.2.2023 Arti
Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad
Mukesh And 4 Others
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
