Court No. - 32
Case :- APPLICATION U/S 482 No. - 6465 of 2018 Applicant :- Rahul Kumar And 4 Others Opposite Party :- State Of Up And 2others Counsel for Applicant :- Shiva Kant Dubey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
The present application u/s 482 Cr.P.C. has been filed with the prayer to quash the order dated 8.12.2017 passed by C.J.M. Mainpur in Case Crime No. 48 of 2017, under Section 452, 323 IPC and 3/4 D.P.Act, P.S. Kurra, District Mainpuri arising out of Case No. 4512 of 2017 and stay entire proceeding of aforesaid case.
Learned counsel for the applicants submitted that it is a matrimonial dispute. Due to some misunderstanding, the F.I.R. was lodged against the applicants. He further submitted that if the matter is referred to Mediation and Conciliation Centre then there is chance of compromise in between the parties.
Learned AGA opposed the aforesaid prayer.
Considered the submission of counsel for the parties. In the interest of justice, and in view of the facts and circumstances, if an application is moved on behalf of applicants within 30 days from today before the court below and a draft for a sum of Rs. 5,000/- is deposited in favour of opposite party no. 3 Smt. Sandhya wife of applicant no. 1, the matter will be referred to the Mediation Centre situated at District Court Mainpuri. The aforesaid draft in the name of opposite party no. 3 shall be handed over to her on first appearance.
Till report of the Mediation Centre is received, no coercive action shall be taken against the applicants in aforesaid Case. After receiving the report of the Mediation Centre, if it is found that the matter has been settled between parties then no useful purpose would be served to continue the criminal proceedings hence the proceedings of aforesaid Complaint Case shall stand dropped in view of the judgment of Apex Court in case of B.S.Joshi Vs. State of Haryana 2003(4)SCC Page 675 and the present order passed by this Court.
However, if mediation fails and the applicants appear before the court concerned within two weeks and apply for bail in aforesaid Case, it is expected that the same will be considered and disposed off, expeditiously, in accordance with law, in view of the law laid down by the Full Bench of this Court in the case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-390 and by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (4) SCC 437, after giving opportunity to public prosecutor.
With aforesaid observations, the present application u/s 482 Cr.P.C. is finally disposed off.
Order Date :- 28.2.2018 A.K.Srivastava