Court No. - 70
Case :- APPLICATION U/S 482 No. - 36077 of 2019 Applicant :- Dr. Roopesh Kumar And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Kumar Tiwari,Pradeep Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Learned counsel for the applicants prays for and is allowed to implead Nidhi, wife of Dr. Roopesh Kumar (applicant no.1), as opposite party no.3 during course of the day.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet No.272/19 dated 12.07.2019 arising out of Case Crime No.1220 of 2018, cognizance order dated 17.08.2019 and proceedings of Case no.1689 of 2019 (State vs., Roopesh Kumar and others), under Sections 498A, 323, 506 I.P.C. & 3/4 Dowry Prohibition Act, Police Station Jagdishpura, District- Agra, pending in the court of VIIth Additional Chief Judicial Magistrate, Agra.
It is submitted by the learned counsel for the applicants that applicant no.1 Dr. Roopesh Kumar is husband of opposite party no.3 Nidhi and other applicants are family members of the applicant no.1. There is a matrimonial dispute between them. Applicants are willing to settle the matter through mediation, therefore, an opportunity be granted to the parties concerned for reconciliation/settlement of their disputes by way of mediation.
This Court owes a duty to the society to strain to the utmost to repair the frayed relations between the parties concerned in matrimonial dispute, so that wounded situation may be healed into healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the parties.
The Apex Court in case of B.S. Joshi Vs. State of Haryana 2003 (4) SCC 675 has also observed that courts to encourage settlement of marital disputes between the contesting spouses, so that they do not lose their youthful years in chasing interminable litigations. The Apex Court in the matter of State of Madhya Pradesh vs Laxmi Narayan and others AIR 2019 SC 1296 has also held that the power conferred under Section 482 of the Code to quash the criminal proceedings for the non- compoundable offences under Section 320 of the Code can be exercised in cases arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves.
In view of above, I agree with the submission advanced on behalf of the applicants and feel that the interest of justice would be served, if such request of the applicants are acceded to and the criminal proceedings and other litigations between the parties concerned is brought to an end.
The matter is referred to Mediation & Conciliation Centre of this Court. The applicant no.1 namely Dr. Roopesh Kumar (husband) is directed to deposit a sum of Rs. 15,000/- by way of demand draft in favour of Registrar General, Allahabad High Court Mediation & Conciliation Centre within a period of two weeks from today to the In-charge Mediation and Conciliation Centre, High Court, Allahabad. After deposit of the aforesaid money by the applicant no.1, office shall send a notice to the opposite party no.2 fixing a date to appear before the Mediation and Conciliation Centre of this Court.
Out of aforesaid amount, a sum of Rs. 13,000/- shall be payable to the opposite party no.3, namely, Nidhi on her appearance before the Mediation and Conciliation Centre. The remaining amount of Rs.2,000/- shall be payable to the Mediation Centre. The Mediation Centre will submit its report in the matter within two months.
Opposite parties may file counter affidavit, if any, within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List immediately after expiry of two months before the appropriate Bench alongwith the report of Mediation and Conciliation Centre, High Court, Allahabad.
Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case subject to following conditions:-
(i) The applicant no.1 after deposit of aforesaid amount within the aforesaid period shall submit a proof of deposit of said amount before the concerned court below.
(ii) In case, the said amount, as directed above, is not deposited by the applicant no.1 within the aforesaid period, 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 applicants in accordance with law.
Order Date :- 27.9.2019 SKD