Heard Sri Bharat Singh, learned counsel for the applicants and learned A.G.A for the State.
The applicants in the present application under Section 482 Cr.P.C are seeking quashing of thesummoning order dated 15.10.2020 alongwith entire criminal proceedings of Complaint Case No.324 of 2020 (Brijrani Vs. Chetendra @ Lalaram and others) under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Bahjoi, District Sambhal situated at Chandausi. A further prayer has also been made to stay the further proceedings of the aforesaid case.
Submission of learned counsel for the applicants is that the matter relates to matrimonial dispute and the applicants have all the intentions to settle the same amicably. In order to show their bona fide the applicants are prepared to deposit Rs.20,000/- to be handed over to the wife on her first appearance. Applicants' counsel strenuously urged that this case may be referred to the Mediation Centre of this Court so that the couple may have a chance to settle their dispute on their own terms through mediation.
The Court is also satisfied on the basis of the record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through process of mediation and an attempt ought to be made to explore that possibility.
Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court, Allahabad. The applicants will deposit Rs.20,000/- within three weeks from today at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties. Out of the same, Rs. 18,000/- shall be handed over to the wife on her first appearance with regard to her maintenance and minimum expenses. It is further provided that Rs.2,000/- will remain deposited with the Mediation and Conciliation Centre, High Court, Allahabad.
The mediator is allowed two months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.
Put up this case on 06.10.2021 in the additional cause list before the appropriate Bench along with report of the mediator.
Till the next date of listing, the proceedings of the aforesaid case shall be kept in abeyance.
It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the applicants in the mediation proceedings, the interim stay order shall stand automatically vacated.
This case shall not be treated as tied up or part heard with this Bench.
Order Date :- 26.8.2021 pks