Application under Section 482 CrPC to quash summoning proceedings under Sections 498A, 323, 504, 506 IPC and Sections 3/4 DP Act was referred to the High Court Mediation Centre. Applicant to deposit Rs.35,000; no coercive steps meanwhile; case relisted with mediation report.
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HIGH COURT OF JUDICATURE AT ALLAHABAD
(Sl No.25)
Court No. - 79
Case :- APPLICATION U/S 482 No. - 6645 of 2024
Applicant :- Raj Kumar Kushwaha @ Beeru Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Saurabh Kumar Pandey, learned counsel for the applicant and Sri Pankaj Srivastava, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. was filed seeking quashing of the order dated 02.11.2023 passed by learned Additional Sessions Judge, Court No.5, Kanpur Dehat in Criminal Revision No. 69 of 2022 (Rajkumar Kushwaha vs. State of U.P. and Another) as well as quashing of the entire proceedings in summoning order dated 22.06.2022 arising out of Complaint Complaint Case No. 635 of 2021 (Smt. Kamla Devi vs. Rajkumar @ Beeru and Others) u/S 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S.- Sajeti, DistrictKanpur Nagar, pending in the Court of Judicial Magistrate, Ghatmpur, Kanpur Dehat.
3. Learned counsel for the applicant submitted that there is every likelihood that the said dispute could be settled, if the matter is referred to the Mediation Centre of Allahabad High Court.
4. Considering the nature of allegation and the difference between the parties, the Court feels that in the interest of justice, let an opportunity be granted to settle their disputes in an amicable and congenial way.
5. Under the circumstances, both the parties shall appear before the Mediation Centre and would explore the possibilities of settling the dispute.
6. Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicant is directed to
deposit a sum of Rs. 35,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within two weeks from today. After deposit of the aforesaid amount, mediation centre shall send a notice to the opposite party no.2. Out of Rs. 35,000/-, Rs. 15,000/- shall be payable to the opposite party no.2 on her first appearance before the Mediation and Conciliation Centre, Rs. 15,000/- shall be paid to opposite party no.2 on her second appearance or on settlement of dispute, whichever is earlier and the remaining Rs. 5,000/- shall be payable to the Mediation and Conciliation Centre.
7. The Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months after giving notices to both the parties.
8. Thereafter, the case shall be listed on 17-10-2024 in the additional cause list along with the report of High Court Mediation and Conciliation Centre, Allahabad before appropriate Court.
9. From the date of deposit of amount as directed herein above, no coercive steps shall be taken against the applicants in pursuance of the order dated 02.11.2023 passed by learned Additional Sessions Judge, Court No.5, Kanpur Dehat in Criminal Revision No. 69 of 2022 (Rajkumar Kushwaha vs. State of U.P. and Another) as well as quashing of the entire proceedings in summoning order dated 22.06.2022 arising out of Complaint Complaint Case No. 635 of 2021 (Smt. Kamla Devi vs. Rajkumar @ Beeru and Others) u/S 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S.- Sajeti, DistrictKanpur Nagar, pending in the Court of Judicial Magistrate, Ghatmpur, Kanpur Dehat.
10. However, it is provided that if the amount, as directed above, is not deposited by the applicant within the aforesaid period, the instant application under Section 482 Cr.P.C. shall stand dismissed without further reference to the court.
Order Date :- 8.7.2024 Shubham Arya
(Anish Kumar Gupta, J.)
Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Section 482 application seeking quashing of summoning and revision proceedings should be referred to mediation for amicable settlement?
3 provisions across 3 enactments
Raj Kumar Kushwaha @ Beeru
State of U.P.
Kamla Devi
Anish Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
