Court No. - 17
Case :- APPLICATION U/S 482 No. - 5652 of 2019 Applicant :- Mohd. Mobin Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Syed Irfan Ali Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed for quashing the entire proceedings of Complaint Case No. 947 of 2012 (Smt. Shaista Vs. Mohammad Mubin and Another) under Sections 406, 504 & 506 I.P.C., Police Station Delhi Gate, District Aligarh pending in the court of Additional Chief Judicial Magistrate, Court No. 6, Aligarh.
Learned counsel for the applicant submits that both the parties want to compromise the matter, hence matter may be referred to the Mediation Center.
At present, prima facie, it does appear that present criminal proceedings do arise out of the matrimonial dispute between the parties. Therefore, it further 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 applicant shall deposit a sum of Rs. 15,000/- within two weeks from today with the Mediation Centre of which Rs. 10,000/- shall be paid to the opposite party no. 2 for appearance before the Mediation Centre on a date to be fixed by the Mediation Centre. Balance of Rs. 5000/- shall be retained by the Mediation Center towards its expenses.
The matter is referred to the Mediation Centre with 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 two months. Thereafter the case shall be listed before appropriate Bench.
Subject to depositing of amount of Rs. 15,000/- as above, till the next date of listing, further proceedings against the applicant shall be kept in abeyance. After depositing the aforesaid amount, notice shall be issued to the parties, and in case, the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above, shall automatically be vacated.
Order Date :- 26.2.2019 Vibha Singh