Court No. - 86
Case :- APPLICATION U/S 482 No. - 33968 of 2019 Applicant :- Nidhi Rai And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A.,Rajendra Kumar Ojha
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants, learned counsel for the opposite party no.2 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 impugned summoning order dated 25.04.2019 passed by learned Additional Chief Judicial Magistrate, Court No.11,Azamgarh in Complaint Case No.5773 of 2019 (Piyush Rai Versus Nidhi Rai and others) summoning for applicant Nidhi Rai, Vipin Rai and Kaushal Rai under Sections 323, 504, 506, 379, 452 IPC and applicant, Gorakhnath Rai under Sections 323, 504, 506, 379, 356 and 452 I.P.C., P.S. Jeanpur District Azamgarh.
As per the report of the mediation centre dated 10.12.2020, none has appeared before Mediation and Conciliation Centre, High Court, Allahabad.
Learned counsel for the applicants states that matter may be referred to mediation centre at High Court, Allahabad once again as the parties could not appear there due to pandemic of Covid-19. However, learned counsel for the opposite party no.2 states that the matter may be referred before District Mediation Centre, Azamgarh for mediation where it will be convenient for both the parties to appear.
Under aforesaid circumstances, the matter is sent to trial court concerned who may consider to refer the same for mediation within 15 days from the date of receipt of a copy of this order. If the mediation fails, the trial court shall proceed against the applicants in accordance with law.
In view of aforesaid observations, this application under Section 482 Cr.P.C. is disposed of finally.
Order Date :- 12.8.2021 MN/-