Court No. - 55
Case :- APPLICATION U/S 482 No. - 45851 of 2018 Applicant :- Smt. Kalawati And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rama Yadav Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the impugned order dated 13.12.2017 as well as the entire proceedings of Complaint Case No. 1202 of 2017 (Smt. Savitri Devi Vs. Vinod Vishwakarma and others), under Sections- 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station- Manjhanpur, District- Kaushambi, pending in the court of Chief Judicial Magistrate, Kaushambi.
Learned counsel for the applicant submits that the present matter relates to a matrimonial dispute between husband and wife and the said matter can be well considered by Mediation Centre of this Court. It is further contended that there are chances of reconciliation between the parties, therefore the matter may be referred to the Mediation Centre of this Court At present, prima facie, it does appear that the present criminal proceedings do arise out of the matrimonial dispute between the parties. Therefore, it appears, if the parties were to be offered assistance of mediation, they may be able to resolve their differences and bring an end to all disputes and differences between them, amicably.
It is directed that applicants shall deposit a sum of Rs. 10,000/- within two weeks from today with the Mediation Centre of which Rs. 7,000/- shall be paid to the opposite party no.2 for appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs. 3000/- shall be retained by the mediation center towards its expenses.
The matter is referred to the Mediation Centre with the direction that same may be tried to be resolved after giving notices to both the parties.
It is directed that Mediation Centre shall proceed in the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench.
Subject to the applicants depositing the amount of Rs. 10,000/- as above, till the next date of listing, further proceedings against the applicants in the aforesaid case shall be kept in abeyance.
After depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.
Order Date :- 18.12.2018 Sartaj