Court No. - 27
Case :- APPLICATION U/S 482 No. - 30791 of 2019 Applicant :- Prashant Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Birendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard Mr. Birendra Kumar Mishra, learned counsel for the applicant and learned A.G.A. for the State.
This application has been filed by the applicant with a prayer to quash the impugned summoning order dated 16.08.2018 passed by learned Additional Chief Judicial Magistrate, Court No.13, Agra, as well as entire proceeding of Complaint Case No.3764 of 2016 (Bhimsen vs. Prashant and others), under Section 494 I.P.C., Police Station Achhnera, District Agra. Further prayer has been made to stay the aforesaid case.
It is contended that applicant is the son-in-law of opposite party no.2.
Learned counsel for the applicant submits that there is fair possibility of mediation between the parties and efforts can be made to this effect. He further submits that this case may be sent to the Mediation Centre of this Court for the purpose of settlement between the parties for which the applicant is ready to deposit the cost.
Learned A.G.A. has no objection to this proposition.
Considering the submission made by learned counsel for the applicant, it is directed that applicant shall deposit Rs.20,000/- within two weeks from today in the account head of the Registrar General, Mediation and Conciliation Centre, Allahabad High Court. In case the aforesaid amount is deposited, notice shall be issued to O.P. No.2 returnable within a period of four weeks. Out of the said deposited amount, Rs.15,000/- shall be paid to O.P. No.2 as expenses and this case shall be sent to Mediation Centre for further proceeding, who shall submit its report within two months thereafter.
For a period of two months from today or till the submission of the report by the Mediation Centre, no coercive action shall be taken against the applicant in the aforesaid case.
In the eventuality of mediation being successful, parties would be at liberty to file suitable application seeking quashment of the proceedings and in case, the mediation fails, the applicant shall be at liberty to file fresh application under Section 482 Cr.P.C. In case the amount as directed above, is not deposited by the applicant within the aforesaid period, they stay order shall automatically come to an end.
With the above observation, this petition is finally disposed of. Order Date :- 22.8.2019 Md Faisal