Court No. - 85
Case :- APPLICATION U/S 482 No. - 17061 of 2021 Applicant :- Mohd. Shariq Khan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application has been filed with a prayer to quash the summoning order dated 28.02.2020 in Complaint Case No. 2810 of 2018 (Nazneen Vs. Mohd. Sharik & others), u/s 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S.- Kotwali, District- Gorakhpur, pending in the court of Additional Chief Judicial Magistrate, Ist, Gorakhpur.
The contentions raised by the applicants' counsel is that there is a matrimonial dispute in between the parties. There are chances of amicable settlement between the husband and wife. Applicants' counsel urged that this case may be referred for mediation so that the couple may have a chance to settle their dispute on their own terms through mediation.
In such circumstances, it is directed that both the parties shall appear before the court below and file an application for settling the dispute through mediation. In case such an application is filed before the court below for settling the dispute through mediation, the court concerned shall pass an appropriate order within a week from the date of filing such an application. The mediation centre will decide the same within a period of four months.
For a period of five months, no coercive steps shall be taken against the applicants in the above mentioned case.
It is further directed that in case mediation process between the parties fails, the court below shall be free to proceed further with the matter against the applicants and in case mediation succeeds, the applicants shall be free to approach this Court.
With the above observation, this application is disposed of.
Order Date :- 29.10.2021 shiv