Court No. - 27
Case :- APPLICATION U/S 482 No. - 31553 of 2019 Applicant :- Babloo And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Chandra Jeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application has been filed by the applicants with a prayer to quash the impugned summoning order dated 25.10.2018 passed by learned Civil Judge (Junior Division)/Judicial Magistrate Sambhal at Chandausi as well as the entire proceeding arising out of Complaint Case No.240 of 2018 (Kishan Vs. Babloo & others), under Sections 452, 323, 504 I.P.C., Police Station Gunnaur, District Sambhal. Further prayer has been made to stay the aforesaid case.
It is contended that applicant no.3 is wife of opposite party no.2 and applicants no.1 & 2 are brother-in-law of opposite party no.2 and applicant no.4 is mother-in-law of opposite party no.2.
Learned counsel for the applicants submits that there is fair possibility of mediation between the parties and efforts can be made to this effect. He further submits that this case may be sent to the Mediation Center of this Court for the purpose of settlement between the parties for which the applicants are ready to deposit the cost.
Learned A.G.A. has no objection to this proposition.
Considering the submission made by learned counsel for the applicants, the matter is referred to the Mediation Center of this Court. In case the applicants approach the Medication Center within ten days from today, the Mediation Center shall issue notice to the opposite party no.2 returnable within four weeks. The Mediation Center shall proceed in the matter and submit its report within three months thereafter.
For a period of three months from today or till the submission of the report by the Mediation Centre, no coercive action shall be taken against the applicants in the aforesaid case.
In the eventuality of mediation being successful, parties would be at liberty to file suitable application seeking quashment of the proceedings and in case, the mediation fails, the applicants shall be at liberty to file fresh application under Section 482 Cr.P.C.
In case the applicants fail to approach the Mediation Center within the prescribed period, the benefit of this order shall not be available to them.
With the above observation, this application u/s 482 Cr.P.C. is finally disposed off.
Order Date :- 22.8.2019 Ashok Gupta