Court No. - 12
Case :- MATTERS UNDER ARTICLE 227 No. - 8732 of 2018 Petitioner :- Pradeep Kumar Goyal And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Vishnu Shanker Gupta Counsel for Respondent :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners and learned AGA for the State.
The present petition has been filed for quashing the order dated 24.07.2018 passed by the Additional Chief Judicial Magistrate, Court No.5 Moradabad and order dated 01.11.2018 passed by 15th Additional Session Judge Moradabad as well as entire proceedings of Complaint Case No. 2686 of 2016, under Sections 420 and 506 IPC, Police Station Katghar Kotwali, District Moradabad.
Learned counsel for the petitioners has submitted that earlier they have challenged the summoning order in complaint Case No. 552 of 2013 and matter was referred to Mediation Centre, which was ultimately failed and U/S 482 Cr.P.C. application was disposed of by this Court vide order dated 16.5.2016.
Learned counsel for the petitioners further submitted that now the complainant has given statement under Section 244 Cr.P.C. on 30.01.2017 in favour of the opposite party and further submitted that there are full chances of mediation.
At present, prima facie, it appears that 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 petitioners shall deposit a sum of Rs. 20,000/- within two weeks from today with the Mediation Centre of which Rs. 17,000/- 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 Rs. 3,000/- shall be retained by the mediation centre towards its expenses.
The matter is referred to the Mediation Centre with the 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 three months. Thereafter the case shall be listed before appropriate Bench.
Subject to the petitioners depositing the amount of Rs. 20,000/- as above, till the next date of listing, further proceedings against the petitioners in the aforesaid case shall be kept in abeyance.
After depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.
The case shall not be treated to be tied up or part heard to this Bench.
Order Date :- 27.11.2018 Junaid