Court No. - 80
Case :- APPLICATION U/S 482 No. - 13886 of 2021 Applicant :- Gulab Sabir @ Faizan And 10 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kumar Shukla,Sanjay Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants as well as learned A.G.A. and perused the record.
The quintessence of the contentions raised by the applicants' counsel is that matrimonial dispute is in the genesis of this case. There are chances of amicable settlement between the parties. Applicants' counsel strenuously urged that this case may be referred to the Mediation Centre of this Court so that the litigants may have a chance to settle their dispute on their own terms through mediation.
The Court is satisfied on the basis of record and the submissions made before it that the nature of litigation is such that the chances to resolve the matter through process of conciliation do exist and an attempt ought to be made to explore that possibility.
Accordingly, the matter is being referred to the Mediation Centre Allahabad. The applicants will deposit Rs. 30,000/- within four weeks at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties returnable within a period of four weeks. Out of the same Rs.25,000/- will be paid to Opposite Party No.2 for subsistence and to meet out the expenses. The mediator is allowed three months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.
List this case before the appropriate Bench along with report of the mediator on 7.12.2021.
Till the next date of listing, no coercive steps shall be taken against the applicants in Case No. 19 of 2021, under Sections 498A, 354, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station- Prem Nagar, District- Bareilly, pending in the court of Addl. Chief Judicial Magistrate-VII, Bareilly, provided the applicants files the receipt of deposit of amount as directed above along with the present order.
It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the applicants in the mediation proceedings, the interim stay order shall stand automatically vacated.
This case shall not be treated as tied up or part heard with this Bench.
Order Date :- 12.8.2021 KU