Court No. - 23
Case :- APPLICATION U/S 482 No. - 35557 of 2018 Applicant :- Deepak Sharma And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anoop Singh Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard Sri Anoop Singh, learned counsel for the applicants, Sri Satyendra Nath Tiwari, learned A.G.A. and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the impugned summoning order dated 09.02.2018, passed by Judicial Magistrate, Najibabad, Bijnor in Complaint Case No. 1949 of 2017, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station - Najibabad, Distrit - Bijnor.
Learned counsel for applicants submitted that applicant no. 1 is husband of opposite party no. 2, while other applicants are family members of applicant no. 1. Learned counsel for the applicants further submitted that this case is out come of matrimonial discord between husband and wife which may be settled by way of mediation, hence the matter may be referred to Mediation Center of this Court.
Learned A.G.A. also submitted that appropriate directions may be issued in the matter.
Considering the above submissions alongwith evidence and material available on record as well as facts and circumstances of the case, it is directed that:-
(1) In case the applicants deposit Rs.15,000/- before Mediation and Conciliation Centre, High Court within a period of two weeks' from today, the Mediation Centre shall issue the notice to the opposite party no. 2 and on the appearance of opposite party no. 2 before Mediating Agency, an amount of Rs.12,500/- shall be given to her out of the aforesaid deposited amount.
(2) The mediation proceedings shall be concluded within a period of three months' from the date of initiation of the proceedings.
(3) In case the mediation succeeds, the parties may file settlement agreement, if any, before the court concerned, who shall thereafter consider disposal of the case on the basis of the compromise and the court concerned may also pass an appropriate order in this regard after giving opportunity of hearing to the parties.
(4) In case the applicants do not deposit the aforesaid amount within stipulated period or the mediation fails, the applicants will face regular process of the Court i.e. bail etc., for this purpose, the applicants will appear before the Court concerned within fifteen days from the date of conclusion of mediation proceedings and apply for bail, their bail application shall be heard and decided expeditiously in view of the case of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755, which has been approved by the Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (4) S.C.C. 437.
For the above period of two weeks', during pendency of mediation proceedings and two weeks' thereafter no coercive steps shall be taken against the applicants in the aforesaid case.
With aforesaid directions, this application is finally disposed of.
Order Date :- 26.10.2018 A. Verma