Court No. - 25
Case :- APPLICATION U/S 482 No. - 1933 of 2019 Applicant :- Ashok Kanaujiya And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Pradeep Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
The applicants, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with prayer to quash entire proceeding, including order dated 13.09.2018, of Complaint Case No. 85813 of 2017 (Smt. Chhaya Kanaujiya Vs. Ashok Kanaujia and others) under Section 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kalyanpur, District Kanpur Nagar, pending in the Court of Additional Chief Metropolitan Magistrate, Court No. 2, Kanpur Nagar.
Heard learned counsel for the applicants and learned A.G.A. representing the State.
It is submitted by learned counsel for the applicants that the present matter relates to the matrimonial dispute, which may be amicably settled by way of mediation and conciliation, therefore, the matter may be referred to the Mediation and Conciliation Centre of this court.
In view of the above, it is directed that applicants shall deposit a sum of Rs.15,000/- within two weeks from today with the Mediation Centre of this Court, which shall be paid to the opposite party no.2 by way of expenses for her appearance before the Mediation Centre.
The matter is remitted to the Mediation Centre with the direction that after deposit of such amount by the applicants, it shall issue notice to the parties fixing some date for mediation and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of two months.
Thereafter the case shall be listed before the appropriate Bench along with the report of Mediation Centre.
Till the next date of listing, no coercive action shall be taken against the applicants in pursuance of the order dated 13.09.2018, of Complaint Case No. 85813 of 2017 (Smt.
Chhaya Kanaujiya Vs. Ashok Kanaujia and others) under Section 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kalyanpur, District Kanpur Nagar, pending in the Court of Additional Chief Metropolitan Magistrate, Court No. 2, Kanpur Nagar.
It is made clear that in case there occurs default by the applicant either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter.
Order Date :- 21.1.2019 Kamarjahan