Court No. - 49
Case :- APPLICATION U/S 482 No. - 25501 of 2018 Applicant :- Pramod And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 10.12.2017 as well as the entire proceedings of Case No.242 of 2018 (State Vs. Pramod and others), arising out of Case Crime No.252 of 2017, under Sections- 498-A, 323, 504, 506 IPC, and 3/4 D.P. Act Police Station Gonda, District Aligarh, pending in the court of Judicial Magistrate Aligarh.
Learned counsel for the applicant submits that it is a case of matrimonial discord and there is every likelihood of settlement and hence this case may be sent to Mediation Center for the purpose of settlement between the parties for which the applicant is ready to deposit the cost.
At present, prima facie, it does appear that the 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. 10,000/- within two weeks from today with the Mediation Centre of which Rs. 7000/- shall be paid to the daughter of opposite party no.2 for appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.3000/- shall be retained by the mediation center 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 applicant depositing the amount of Rs.10,000/- as above, till the next date of listing, further proceedings against the applicants 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.
Order Date :- 27.7.2018 Meenu