Court No. - 79
Case :- APPLICATION U/S 482 No. - 18972 of 2020 Applicant :- Devendra Yadav And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
The applicant, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with prayer to quash the summoning order dated 09.10.2019 passed by the Judicial Magistrate, Saidpur in complaint case no.674 of 2019, under Sections 323, 504, 506, 498-A IPC and Section 3/4 D.P. Act, P.S. Saidpur, District Ghazipur as well as the proceedings of the case.
Heard learned counsel for the applicant and Sri Manuraj Singh, learned A.G.A. representing the State.
It is submitted by learned counsel for the applicant that the present matter relates to the matrimonial dispute, which may be amicably settled by way of mediation and conciliation, therefore, the matter may be referred to the Mediation and Conciliation Centre of this court.
In view of the above, it is directed that applicants shall deposit a sum of Rs.15,000/- within two weeks from today with the Mediation Centre of this Court out of which Rs. 13,000/- shall be paid to the opposite party no.2 by way of expenses for her appearance before the Mediation Centre and Rs. 2000/- shall be retained by the Mediation Centre as mediation fee.
The matter is remitted to the Mediation Centre with the direction that after deposit of such amount by the applicants, it shall issue notice to the parties fixing some date for mediation and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months.
Thereafter the case shall be listed before the appropriate Bench along with the report of Mediation Centre.
Till the next date of listing, no coercive action shall be taken against the applicants in the above mentioned case.
It is made clear that in case there occurs default by the applicant either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim protection granted by this Court shall automatically come to an end and it will be open for the concerned court below to proceed against the applicant in accordance with law.
Order Date :- 6.1.2021 S.P.