Court No. - 48
Case :- APPLICATION U/S 482 No. - 22811 of 2019 Applicant :- Rakesh Kumar Pandy @ Rakesh Pande And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Daya Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants as well as learned A.G.A. and perused the record.
The quintessence of the contentions raised by the applicant's counsel is that matrimonial dispute is in the genesis of this case. There are chances of amicable settlement between the parties. Applicants' counsel strenuously urged that this case may be referred to the Mediation Centre of this Court so that the litigants may have a chance to settle their dispute on their own terms through mediation.
The Court is satisfied on the basis of record and the submissions made before it that the nature of litigation is such that the chances to resolve the matter through process of conciliation do exist and an attempt ought to be made to explore that possibility.
Accordingly, the matter is being referred to the Mediation Centre. The applicant will deposit Rs. 12,000/- within three weeks at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties returnable within a period of four weeks. Out of the same Rs.10,000/- will be paid to Opposite Party No.2 for subsistence and to meet out the expenses. The mediator is allowed three months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.
List this case before the appropriate Bench along with report of the mediator on 20.9.2019.
Till the next date of listing, no coercive steps shall be taken against the applicants in Criminal Case no. 302 of 2019, arising out of Case Crime no. 161 of 2018, under Sections 498A, 323, 504, 506, 406 and 494 I.P.C., P.S.
Mahila Thana, district-Prayagraj, provided the applicant files the receipt of deposit of amount as directed above along with the present order.
It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the applicants in the mediation proceedings, the interim stay order shall stand automatically vacated.
This case shall not be treated as tied up or part heard with this Bench.
Order Date :- 20.6.2019 Faridul