Court No. - 86
Case :- APPLICATION U/S 482 No. - 13578 of 2021 Applicant :- Monu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.S. Maurya Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application has been moved with the prayer to set aside the entire proceeding of Complaint Case No. 833 of 2020 under Section 498A, 323, 504 I.P.C. and Section 3/4 D.P. Act, P.S.- Simbhawali, District-Hapur pending in the Court of Additional Civil Judge (Junior Division)/ Judicial Magistrate, Garhmukteshwar, Hapur as well as summoning order dated 21.01.2021 passed by Additional Civil Judge (Junior Division)/ Judicial Magistrate, Garhmukteshwar, Hapur with an alternative prayer to stay the further proceedings of the aforesaid case.
Learned Counsel for the applicants submits that it is a matrimonial dispute, the applicant no.1 is the husband of Smt. Geeta, opposite party no. 2, in the present application. Learned counsel for the applicants submits that there is every likelihood of settlement of dispute between the parties amicable 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.
If the applicants wishes to move for mediation between the parties they may file appropriate application for mediation within 15 days from today to the Mediation Centre Civil Court, Hapur.
Needless to state that in the eventuality of surrendering and moving bail application by the applicants before competent Court of Jurisdiction, the Court below shall decide the same as expeditiously as possible in accordance with law, considering all aspects of the matter.
However, it is made clear that this Court has not expressed any opinion on the merits of the case and the competent Court below is to act, in accordance with law.
However, it is provided that the arrest of the applicants in the aforesaid case shall remain stayed for a period of 15 days from the date of this order.
With the aforesaid observations, this application is finally disposed off. Order Date :- 12.8.2021 Fhd.