Heard learned counsel for the applicant and the learned A.G.A.
The applicants have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (in short, 'the Cr.P.C.') to quash the proceedings of case no. 1453 of 2009 (State vs. Geetesh & others), under sections 323, 504, 506, 326 IPC, P.S. Mangalpur, District Kanpur dehat pending in the court of Judicial Magistrate-II Kanpur Dehat. The applicants' counsel has made a prayer that matter be referred to the High Court Mediation Centre for reconciliation between the parties as there are chances to settle the dispute by the parties.
The matter is, therefore, with the consent of the applicants referred to the Mediation Centre, Allahabad High Court. The applicants will deposit Rs. 5,000/- within three weeks before the Mediation Centre by bank draft, in the name of Raj Kumar Singh s/o Vijay Singh payable at Kanpur Dehat and Rs. 1000/- will be deposited in Mediation Centre within the aforesaid period. The said bank draft shall be handed over to Raj Kumar Singh on his appearing before the Mediation Centre towards his expenses for attending mediation sessions.
The Registry will send a notice through the CJM concerned within a week fixing 05.04.2010 for appearance of the wife before the Mediation Centre at Allahabad High Court and it shall be mentioned in the notice that the bank draft of Rs. 5,000/- deposited by the applicants shall be handed over to Raj Kumar Singh when he appears before the Centre. On that date, and on any future dates as directed by the Centre, the parties will appear before the Centre.
The Registry will send information of this order to the Mediation Centre within a week.
The Centre shall submit a report to this Court within one month from the date of appearance of the parties before it.
In case of any default by the husband in making the appearances before the Mediation Centre on the dates fixed or making the aforesaid payment as directed above, the stay granted by this order shall stand automatically vacated forthwith.
Let this case be listed on 04.05.2010 along with the report of the Mediation Centre.
Till the next date of listing, further proceedings in the aforesaid case shall remain stayed.
In case there is any default by the applicants as above, the Mediation Centre should immediately communicate this fact to the office and office will list the case within a week before the Bench concerned, which may pass order for vacation of the order.
On the next date, the case will not be treated as tied up to this Bench and shall be listed before the appropriate Bench.
Copy of this order will not be issued unless steps are taken. Order Date :- 13.1.2010 v.k.updh.