Court No. - 86
Case :- APPLICATION U/S 482 No. - 15993 of 2021 Applicant :- Abhishek Tripathi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Vajpeyi,Praveen Kumar Singh 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 summoning order dated 4.3.2021 arising out of Case No. 1267 of 2019 under Sections 498A, 323, 504 and 506 I.P.C. and Section 4 D.P. Act, P.S.- Shivpur, District- Varanasi pending in the Court of A.C.J.M.-I, Varanasi with an alternative prayer to stay the further proceedings of the above mentioned case.
Learned Counsel for the applicant submits that it is a matrimonial dispute, the applicant no.1 is the husband of Ruchika Devi, opposite party no. 2, in the present application. 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 as the dispute appears to be of matrimonial nature, 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, Varanasi.
The matter is, therefore, with the consent of the learned counsel for the applicants, referred to the Mediation Centre, Varanasi for which, the applicant no.1 (husband) shall deposit a sum of Rs. 10,000/- (Rs. Ten thousand) within 15 days from today before the Mediation Centre, out of which Rs. 8,000/-( Rs. eight thousand) shall be paid to Smt. Ruchika Devi opposite party no. 2 on her first appearance before Mediation Centre towards her expenses for attending mediation sessions. The balance amount of Rs. 2,000/- shall be deposited in the Mediation Centre, Varanasi. The Mediation Centre is directed to take consent from the wife by issuing notice to her in which a specific date shall be mention for appearance before the Mediation Centre for the purpose.
The applicants are directed to submit a copy of this order in the Mediation Centre, Civil Court, Varanasi within fifteen days from today.
If, in any case, mediation fails, trial court will proceed with the case according to law.
Considering the nature of offences, the liability of the husband towards his wife cannot be ignored. Therefore, the prayer to the extent on behalf of applicant no.1 namely, Abhishek Tripathi (husband) in this application is hereby refused.
So far as applicant no. 2 is concerned, for a period of 30 days from today, further proceedings of the aforesaid case shall be kept in abeyance.
However, it is made clear that in the event mediation fails, the interim protection as given above shall cease to operate and law will take its own course.
With the aforesaid observation, this application is disposed of finally.
Order Date :- 21.9.2021//Fhd