Court No. - 64
Case :- APPLICATION U/S 482 No. - 16882 of 2019 Applicant :- Anil And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- A.K.Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to stay/quash further proceedings of complaint case no. 8600 of 2018 (Gyan Prakash versus Anil Kumar) P.S. Gajraula, District Amroha, pending in the court of Judicial Magistrate, District Amroha as well as summoning order dated 20.11.2018 issued by C.J.M.- Amroha .
It has been submitted by the learned counsel for the applicants that the allegations made in the complaint and statement are mischievous and the court below has failed to appreciate the proper facts and circumstances of the case and has wrongly, summoned the applicants. The summoning order is illegal and not sustainable and entire proceeding is in abuse of process of the Court.
It has been further added that the applicants want to settle the matter with opposite party no.2 provided one chance is given for amicable settlement through the mediation process at the district level.
Learned A.G.A. has opposed the prayer for quashment of the summoning order and submitted that the summoning order is just and legal which requires no interference by this Court.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously it cannot be said that the proceeding initiated against applicants is in sheer misuse of the process of the Court. The documents placed on record carry substantive allegations which have been backed up by sufficient material for drawing the proceeding against the applicants. Therefore, the prayer of quashment of the summoning order and proceeding is refused.
However, considering the particular submission that the applicants are ready to enter into negotiation through the mediation process with opposite party no.2, it is directed that let the mediation process be drawn by the concerned lower court at the instant of the applicants provided they appear before the court below within a period of one month from today and make specific submission for mediation and conciliation involving opposite party no.2 and the court below shall draw the negotiation process between the parties.
In case the negotiation between the parties succeeds, the court below shall pass appropriate orders in accordance with law. In case the negotiation does not succeed, the court below shall proceed further with the case in accordance with law.
For a period of month from today, no coercive action shall be taken against the applicants.
With the aforesaid direction, the instant application is disposed of.
Order Date :- 29.4.2019 S Rawat