Case :- APPLICATION U/S 482 No. - 16499 of 2021 Applicant :- Ashok And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Sisodia,Dhirendra Kumar Srivastava 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 impugned charge sheet No. 18 of 2021 dated 01.02.2021 in Case No. 129 of 2021 (State vs. Ashok and others), arising out of Case Crime No. 52 of 2020, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Mahila Thana, District- Sambhal, pending in the court of Judicial Magistrate, Sambhal at Chandausi.
Learned Counsel for the applicant submits that it is a matrimonial dispute. The applicant no.1 is the husband of opposite party no. 2, in the present application. Applicant no.2 is mother-in-law of the opposite party no.2. 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, Sambhal at Chandausi.
The matter is, therefore, with the consent of the learned counsel for the applicants, referred to the Mediation Centre, Sambhal at Chandausi 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. Santosh, 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 The applicants are directed to submit certified copy of this order in the Mediation Centre, Civil Court, Sambhal at Chandausi within fifteen days from today.
If, in any case, mediation fails, trial court will proceed with the case according to law.
For a period of 45 days from today, staying of further proceedings in respect of applicant number no.1 is refused and in respect of applicant no. 2 trial shall be kept in abeyance.
However, it is made clear that in the event mediation fails, the interim protection shall cease to operate and law will take its own course.
With the aforesaid observation, this application is disposed of finally.
Order Date :- 27.9.2021 Vikas