Application to quash a summoning order in a matrimonial complaint case under Sections 498A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act was referred to mediation, with proceedings stayed pending the mediator's report.
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Court No. - 27
Case :- APPLICATION U/S 482 No. - 3136 of 2024
Applicant :- Ramesh Chandra Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And Another Counsel for Applicant :- Arvind Kumar Kushwaha,Sandeep Kumar,Vimal Shukla Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Sri Arvind Kumar Kushwaha, learned counsel for the applicant, Shri Hari Shankar Bajpai, learned A.G.A-I for the State and perused the record.
The applicant in the present application under Section 482 Cr.P.C are seeking quashing of the summoning order dated 20.12.2023 passed by Special Chief Judicial Magistrate Custom, Lucknow in Complaint Case No.126888/2022 under Section 498A, 323, 504 and 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Gazipur, District-Lucknow (Yamini Chauhan vs. Ramesh Chandra and others) and a further prayer has been made to stay the effect and implementation of impugned order dated 20.12.2023.
Submission of learned counsel for the applicant is that the matter relates to matrimonial dispute and the applicant has all the intentions to settle the same amicably. Applicant's counsel strenuously urged that this case may be referred to the Mediation Centre of this Court so that the couple may have a chance to settle their dispute on their own terms through mediation.
The Court is also satisfied on the basis of the record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through process of mediation and an attempt ought to be made to explore that possibility.
Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court, Lucknow. Learned counsel for the applicant will submit the copy of the present application alongwith affidavit within three weeks from today at the Mediation and Conciliation Centre and the Mediation and Conciliation Centre will issue notice to both the parties within a week thereafter fixing date in the case. The mediator is allowed two months' time to find out possible solution of the dispute
between the parties and send his report to the court regarding the outcome of mediation.
Put up this case on 29.07.2024 before appropriate Bench along with report of the mediator.
Till the next date of listing, further proceedings in pursuance of the summoning order dated 20.12.2023 passed by Special Chief Judicial Magistrate Custom, Lucknow in Complaint Case No.126888/2022 under Section 498A, 323, 504 and 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Gazipur, District-Lucknow (Yamini Chauhan vs. Ramesh Chandra and others) shall remain stayed so far it relates to the present applicants subject to the deposition of Rs.35,000/- as expenditure within three weeks by way of a bank draft to the Mediation Centre. It is directed that out of Rs.35,000/deposited by the applicants, Rs.30,000/- shall be handed over to the opposite party no.2 on her first appearance and Rs.5,000/shall be kept by the Mediation Centre.
This case shall not be treated as part heard or tied up to this Bench.
Order Date :- 8.4.2024 Piyush/-
Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench
6 provisions across 3 enactments
Ramesh Chandra
State Of U.P. Thru. Prin. Secy. Lko.
Yamini Chauhan
Shamim Ahmed
As recorded by the court registry
2 orders share this CNR
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