Court No. - 74
Case :- APPLICATION U/S 482 No. - 43425 of 2019 Applicant :- Manohar Pratap Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceedings of case no. 212 of 2014, arising out of case crime no. 69 of 2013 under Section 494, 498-A, 323, 506 IPC, Police Station Mahila Thana, District - Gautam Budh Nagar pending in the court of Civil Judge (SD)/FTC/A.C.J.M., Gautam Budh Nagar and further to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
It appears that applicant had earlier approached this Court through application u/s 482 no. 8312 of 2016 which was disposed vide order dated 16.3.2016 directing the applicant to surrender before the Court below within 30 days from the date of the said order and apply for bail. It further appears that the applicant appeared before the Court concerned and obtained bail. It further appears that during pendency of trial, applicant moved application for discharge which was rejected by the order dated 25.6.2019. It is also submitted by the learned counsel for the applicant that since it is a matrimonial dispute, the applicants are ready to settle the dispute through mediation and the matter be referred to the District Mediation and Conciliation Centre at Gautam Budh Nagar.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties and keeping in view the willingness shown by the applicant, the present application is disposed of with a direction to the applicant to deposit Rs.5000/- before the Mediation and Conciliation Centre of the concerned district within a period of six weeks from today in the name of opposite party no.2 by way of demand draft / pay order payable at Gautam Budh Nagar. If the applicant moves an application for referring the matter to the concerned District Mediation and Conciliation Centre within the aforesaid period, the Court concerned shall refer the matter to the District Mediation and Conciliation Centre and the amount so deposited shall be paid to the opposite party no.2 on her/his appearance before the concerned District Mediation and Conciliation Centre. The concerned Mediation Centre shall conclude the matter expeditiously, preferably within a period of six months after giving notices to both the parties. After receiving the report of the Mediation Centre, if it is found that the matter has been settled between the parties, the court concerned shall pass appropriate order in the matter in accordance with law.
Till the report of the District Mediation Centre is received, no coercive action shall be taken against the applicant in the aforementioned case.
Subject to the aforesaid directions, this application is finally disposed of.
Order Date :- 28.11.2019/safi