Court No. - 86
Case :- APPLICATION U/S 482 No. - 15607 of 2021 Applicant :- Digvijay Singh @ Prashant Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Srivastav Counsel for Opposite Party :- G.A.,Anurag Yadav
Hon'ble Umesh Kumar,J.
Case is called out, however, no one is present on behalf of opposite party no.2 though the name of Sri Anurag Yadav, Advocate has been shown in the cause list.
Heard Sri Pradeep Kumar Srivastav, learned counsel for the applicant as well as learned AGA for the State-opposite party no.1 and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed for quashing the order dated 26.03.2021 passed by Judicial Magistrate, Baghpat in Complaint Case No. 3417 of 2020 (Smt. Shweta Chaudhary vs. Digvijay Singh @ Prasant and others) as well as the proceedings thereof.
Learned Counsel for the applicant submits that it is a matrimonial dispute. The applicant is the husband of opposite party no. 2. Learned counsel for the applicant submits that there is every likelihood of settlement of dispute between the parties amicably if the matter is referred to Mediation Centre.
In view of the aforesaid as the dispute appears to be of matrimonial nature, I am of the view that an attempt should be made for reconciliation between the parties.
The matter on the request of learned counsel for the applicant is, therefore, referred to the Mediation Centre at Civil Court, Baghpat.
The matter is, therefore, with the consent of the learned counsel for the applicant, referred to the Mediation Centre, Baghpat for which, the applicant (husband) shall deposit a sum of Rs. 10,000/- (Rs. Ten thousand) within 15 days from today before the Mediation Centre, out of which Rs. 8,000/- ( Rs. Eight Thousand) shall be paid to Smt. Shweta Chaudhary, opposite party no. 2 on her first appearance before Mediation Centre towards her expenses for attending mediation sessions. The balance amount of Rs. 2,000/- shall be deposited in the Mediation Centre, Baghpat.
The applicant is directed to submit certified copy of this order in the Mediation Centre, Civil Court, Baghpat within fifteen days from today.
If, in any case, mediation fails, trial court will proceed with the case according to law.
For a period of 30 days from today, further proceedings in respect of the applicant shall be kept in abeyance.
However, it is made clear that in the event mediation fails, the interim protection shall cease to operate and law will take its own course.
With the aforesaid observation, this application is disposed of finally.
Order Date :- 21.9.2021 Vikas