Court No. - 48
Case :- APPLICATION U/S 482 No. - 7025 of 2019 Applicant :- Ambikesh Tiwari Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sunil Kumar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present Application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceedings of complaint case no. 2799 of 2017 (smt. Usha Devi Vs. Vinod Tiwari & others) and the impugned order dated 28.2.2017, under Section 494, 498- A, 323, 504, 506 IPC and Section 3/4 D. P. Act, Police Station Karchana, district Allahabad pending in the court of Judicial Magistrate, Court-I, Allahabad.
Heard learned counsel for the applicant and the learned A.G.A. appearing for the State. Learned counsel for the applicant submits that an opportunity be granted to the parties for reconciliation / settlement of their dispute by way of mediation.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties and keeping in view the willingness shown by the applicant, the present application is disposed of with a direction to the applicant to deposit Rs. 5,000/- before the Mediation and Conciliation Centre of the concerned district within a period of six weeks from today in the name of opposite party no. 2 by way of demand draft/pay order payable at Allahabad. If the applicant moves an application for referring the matter to the concerned District Mediation and Conciliation Centre within the same period from today, the Court concerned shall refer the matter to the District Mediation and Conciliation Centre and the amount so deposited shall be paid to the opposite party no. 2 on her/his appearance before the concerned District Mediation and Conciliation Centre. The concerned Mediation Centre shall conclude the matter expeditiously, preferably within a period of six months after giving notices to both the parties. After receiving the report of the Mediation Centre, if it is found that the matter has been settled between the parties, the Court concerned shall pass appropriate order in the matter in accordance with law.
Till the report of the District Mediation Centre is received, no coercive action shall be taken against the applicants in the aforementioned case.
Subject to the aforesaid directions, this application is finally disposed of.
Order Date :- 25.2.2019 Sachdeva