Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the proceedings of the complaint case no. 4035/9 of 2009, under Sections 147, 148, 452, 323, 324, 506, 392 I.P.C., Police Station Kotwali Nagar, District Muzaffar Nagar, pending before learned Chief Judicial Magistrate, District Muzaffarnagar.
It is argued on behalf of the applicants that complaint case was filed as a counter blast since Vandana Goel had lodged N.C.R. against the opposite party no.2 namely Sushila Goel and Sunil Goel on 09.06.2009. It is further contended that the matter is a matrimonial dispute which can be well settled by Mediation Centre of this Court. It is further argued that in the matter of co-accused this Court vide order dated 01.12.2009 had already referred the matter to the Mediation Centre, in Criminal Misc. Application No. 30154 of 2009.
Connect this application with Criminal Misc. Application No. 30154 of 2009.
It is directed that applicants shall deposit a sum of Rs. 8000/- within two weeks from today with the Mediation Centre of which 50% shall be paid to the opposite party no.2 for appearance before the Mediation Centre.
The matter is remitted to the Mediation Centre with the direction that same may be decided after giving notices to both the parties. It is directed that Mediation Centre shall decide the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench on 07.04.2010.
Till the next date of listing, no coercive action shall be taken against the applicants in Complaint Case No. 4035/9 of 2009, under Sections 147, 148, 452, 323, 324, 506, 392 I.P.C., Police Station Kotwali Nagar, District Muzaffar Nagar, pending in the Court learned Chief Judicial Magistrate, District Muzaffar Nagar.
After depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.
Order Date :- 6.1.2010/S.Ali