Court No. - 86
Case :- APPLICATION U/S 482 No. - 12587 of 2021 Applicant :- Karamat Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Singh,Ram Babu Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned summoning order dated 08.02.2021 passed by the learned Chief Judicial Magistrate, Kannauj as well as entire proceedings of complaint Case No.1195 of 2020 (Smt. Haseena Begum Vs. Karamat Ali and others ) under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 Act, Police Station-Gursahaiganj, District-Kannauj, pending in the Court of the learned Chief Judicial Magistrate, Kannauj.
Learned Counsel for the applicant submits that it is a matrimonial dispute. The applicant is the husband of the opposite party no. 2, in the present application. Learned counsel for the applicant submits that there is every likelihood of settlement of dispute between the parties amicably if the matter is referred to Mediation Centre.
In view of the aforesaid as the dispute appears to be of matrimonial nature, I am of the view that an attempt should be made for reconciliation between the parties.
The matter on the request of learned counsel for the applicant is, therefore, referred to the Mediation Centre at Civil Court, Kannauj.
The applicant is directed to submit certified copy of this order before competent court along with an application for mediation within fifteen days from today, who shall refer the matter for mediation before District Mediation Centre,Kannauj after seeking consent of Smt.Hasina Begum, opposite party no. 2.The mediator is allowed a one 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.
If, in any case, mediation fails, trial court will proceed with the case according to law.
Staying of further proceedings in respect of applicant is refused.
However, it is made clear that in the event mediation fails, the interim protection shall cease to operate and law will take its own course.
With the aforesaid observation, this application is disposed of finally.
Order Date :- 30.9.2021 Pr/-