Court No. - 15
Case :- APPLICATION U/S 482 No. - 18386 of 2018 Applicant :- Chirag Singhal And 4 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Syed Ali Imam, learned counsel for the applicants, learned A.G.A. for the State.
The instant 482 Cr.P.C. application has been filed with prayer to quash the entire proceedings of Complaint Case No.3140 of 2016 under Section 406 IPC, Police Station Kasna, District Gautam Budh Nagar pending in the court of Judicial Magistrate, Gautam Buddh Nagar.
Learned counsel for the applicants submits that the present dispute is an off shoot of matrimonial dispute between applicant no.1 and opposite party no.2 who are husband and wife. He further submits that if the matter is referred for mediation there is every likelihood that the matrimonial dispute may be resolved resulting in closure/ compounding of the proceedings.
Considering that the dispute is an off shoot of a matrimonial dispute and there is possibility of the same being resolved by way of mediation, the matter is referred to the Mediation and Conciliation Centre of this Court.
It is directed that Mediation and Conciliation Centre on receipt of reference shall issue notice to both the parties calling upon them to appear before it on the date fixed in the notice and make all possible efforts to resolve the dispute.
Mediation Centre shall submit its report within two months from the day of recipt of reference and till then no coercive measures shall be taken against the applicant.
It is further directed that applicant shall deposit a sum of Rs. 25,000/- within two weeks from today with the Mediation and Conciliation Centre of this Court of which Rs. 15,000/- shall be paid to the opposite party no. 2 towards the expenses incurred to be in attending the mediation proceedings. The mediation proceedings shall be concluded within a period of two months from the date of notice.
In the event of default, the interim order shall stand vacated and this application shall also stand dismissed without reference to the Court.
List immediately after finalization of the mediation process either way.
Order Date :- 29.5.2018 Deepika