Court No. - 53
Case :- APPLICATION U/S 482 No. - 19362 of 2018 Applicant :- Dubar Gond @ Dubar Prasad And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prashant Rai Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and learned AGA for the State.
This is an application under Section 482 Cr.P.C. seeking to quash charge sheet dated 05.10.2014 being Case No. 3522 of 2016 arising out of Case Crime No. 156/2014 under sections 498-A, 323, 504, 494 IPC, Police Station - Khorabara, District - Gorakhpur as well as against the summoning order dated 20.03.2018 passed by the Additional Chief Judicial Magistrate, Court No. 1, Gorakhpur.
Applicant no. 1 is the father-in-law, applicant no. 2 is the mother-in-law, applicant no. 3 is the sister-in-law (Nanand), applicant no. 4 the brother-in-law (Dewar); whereas, the opposite party no. 2, is the wife. In this case, the husband is no more. The prosecution is going on presumably because the widow has issues with her in- laws.
Without going into the merits of the applicants' case at this stage, it is desirable that the parties be required to attempt a re-conciliation of their differences with the assistance of Allahabad High Court Mediation and Conciliation Centre.
Learned counsel for the applicants is in agreement with the aforesaid course of action.
It is directed that applicants shall deposit a sum of Rs.10,000/- within three weeks from today with the Mediation Centre of which Rs.8000/- would be paid to the opposite party no.2 for appearance before the Mediation Centre.
Upon deposit aforesaid being made good, the Mediation Centre will issue notice to both the parties fixing an early date for appearance and further proceedings before the Centre.
The Mediation Centre will submit their report within two months from the date parties are required to first appear before the Centre. Thereafter the case shall be listed before appropriate Bench.
Till the next date of listing, further proceedings in Case No. 3522 of 2016 arising out of Case Crime No. 156/2014 under sections 498-A, 323, 504, 494 IPC, Police Station - Khorabara, District - Gorakhpur as well as against the summoning order dated 20.03.2018 passed by the Additional Chief Judicial Magistrate, Court No. 1, Gorakhpur shall remain stayed.
In case, the requisites are not deposited as directed, the interim order granted above shall automatically stands vacated.
Order Date :- 29.5.2018 Amit Mishra