Court No. - 86
Case :- APPLICATION U/S 482 No. - 16607 of 2021 Applicant :- Atul And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard Sri Mohammad Zakir, learned counsel for the applicants as well as learned AGA for the State-opposite party no.1 and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 02.12.2020 as well as entire proceedings in Case No. 2389 of 2021 (State vs. Atul and others), arising out of Case Crime No. 0685 of 2020, under Sections 498-A, 323, 506 of I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Sikandrabad, District- Bulandshahr, pending in the court of Chief Judicial Magistrate, Bulandshahr.
Learned Counsel for the applicants submits that it is a matrimonial dispute. The applicant no.1 is the husband of 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, Bulandshahr.
The matter is, therefore, with the consent of the learned counsel for the applicants, referred to the Mediation Centre, Bulandshahr 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. Jyoti Sharma, 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, Bulandshahr. The Mediation Centre is directed to take consent from the wife by issuing notice to her in which a specific date shall be mentioned for appearance before the Mediation Centre for the purpose.
The applicants are directed to submit certified copy of this order in the Mediation Centre, Civil Court, Bulandshahr 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, Atul (husband) in this application is hereby refused.
So far as the applicant nos. 2 to 5 are concerned, for a period of 45 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 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