Court No. - 27
Case :- APPLICATION U/S 482 No. - 30895 of 2019 Applicant :- Smt. Jyoti @ Preeti And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jeetendra Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application has been filed by the applicants with a prayer to quash the impugned summoning order dated 06.10.2018 passed by learned Civil Judge (J.D.)/ Judicial Magistrate, Auraiya as well as entire proceeding of Complaint Case No.1078 of 2017 (Surjeet Singh Vs. Smt. Jyoti @ Preeti and others), under Section 379 .P.C., Police Station Achhlda, District Auraiya. Further prayer has been made to stay the aforesaid case.
Learned counsel for the applicants submits that there is fair possibility of mediation between the parties and efforts can be made to this effect. He further submits that this case may be sent to the Mediation Center of this Court for the purpose of settlement between the parties for which the applicants are ready to deposit the cost.
Learned A.G.A. has no objection to this proposition.
Considering the submission made by learned counsel for the applicants, it is directed that applicants shall deposit Rs.20,000/- within two weeks from today in the account head of the Registrar General, Mediation and Conciliation Centre, Allahabad High Court. In case the aforesaid amount is deposited, notice shall be issued to O.P. No.2 returnable within a period of four weeks. Out of the said deposited amount, Rs.15,000/- shall be paid to O.P. No.2 as expenses and this case shall be sent to Mediation Center for further proceeding, who shall submit its report within two months thereafter.
For a period of two months from today or till the submission of the report by the Mediation Centre, no coercive action shall be taken against the applicants in the aforesaid case.
In the eventuality of mediation being successful, parties would be at liberty to file suitable application seeking quashment of the proceedings and in case, the mediation fails, the applicants shall be at liberty to file fresh application under Section 482 Cr.P.C. In case the amount as directed above, is not deposited by the applicants within the aforesaid period, this stay order shall automatically come to an end.
With the above observation, this application u/s 482 Cr.P.C. is finally disposed off.
Order Date :- 22.8.2019 Ashok Gupta