Application filed under Section 482 CrPC to quash charge sheet in dowry cruelty and other cases. Court directed parties to seek mediation from the court below, stayed coercive steps for five months, and disposed of the application subject to mediation outcome.
Stay on coercive steps for 5 months; direction to apply for mediation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 52
Case :- APPLICATION U/S 482 No. - 42850 of 2022
Applicant :- Jagdish And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Meraj Ahmad Khan Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application has been filed with a prayer to quash the impugned charge-sheet No.62 of 2021 dated 29.01.2021 as well as entire proceedings of Case No. 37154 of 2021 (State Vs. Jagdish and others), arising out of Case Crime No. 967 of 2019, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Katghar, District Moradabad, pending in the court of Additional Civil Judge (Junior Division) NC-2nd, Moradabad.
The contentions raised by the applicants' counsel is that there is a dispute in between the parties. There are chances of amicable settlement between the parties. Applicants' counsel urged that this case may be referred for mediation so that the parties may have a chance to settle their dispute on their own terms through mediation.
In such circumstances, it is directed that both the parties shall appear before the court below and file an application for settling the dispute through mediation. In case such an application is filed before the court below for settling the dispute through mediation, the court concerned shall pass an appropriate order within a week from the date of filing such an application. The mediation centre will decide the same within a period of four months.
For a period of five months, no coercive steps shall be taken against the applicants in the above mentioned case.
It is further directed that in case mediation process between the parties fails, the court below shall be free to proceed further with the matter against the applicants and in case mediation succeeds, the applicants shall be free to approach this Court.
With the above observation, this application is disposed of.
Order Date :- 1.3.2023 Abhishek Singh
Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad
Jagdish And 3 Others
Shiv Shanker Prasad
Abhishek Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
