The present application under section 482 Cr.P.C. has been filed with the prayer to quash the complaint case no.239 of 2013 under sections 498A, 323, 504, 506 IPC and under sections 3/4 D.P. Act, PS. Barsathi, District Jaunpur and further prayer is to stay the proceeding of aforesaid complaint case.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
Learned counsel for the applicants submitted that due to some misunderstanding, impugned complaint was filed. He further submitted that if the matter is referred to Mediation and Conciliation Centre then there are chances of compromise in between the parties.
Learned AGA opposed aforesaid prayer.
Considered the submission of counsel for the parties and nature of allegation.
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 Rs.1,000/- is deposited in cash within four weeks from today before the court below in favour of Mediation Centre and a draft for a sum of Rs.5000/0 is deposited in favour of opposite party no.2,Smt.Pinki, the matter will be referred to the mediation centre situated at district court Jaunpur. The aforesaid draft in the name of opposite party no.2 shall be handed over to her on her first appearance.
Till report of the mediation centre is received, no coercive steps shall be taken against the applicants.
After receiving the report/settlement of Mediation Centre, if it is found that the matter has been settled between the parties then no useful purpose would be served to continue the criminal proceedings hence the proceeding of complaint case no.239 of 2013 under sections 498A, 323, 504, 506 IPC and under sections 3/4 D.P. Act, PS. Barsathi, District Jaunpur shall stand dropped in view of the judgement of Apex Court in case of B.S.Joshi Vs. State of Haryana 2003(4)SCC Page 675 and Ghyan Singh Vs. State of Punjab 2012(10) SCC 303 and the present order passed by this Court.
However, if mediation fails and applicants appear before the courts below within 30 days and apply for bail, it is expected that the same will be considered and disposed off expeditiously, if possible on the same day in view of the principles laid down by Full Bench of this Court in 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 v. State of U.P. reported in 2009 (4) SCC 437.
With these observations, application filed under Section 482 Cr.P.C. is finally disposed off.
Order Date :- 5.3.2014 Rk