Court No. - 49
Case :- APPLICATION U/S 482 No. - 24646 of 2018 Applicant :- Ravikash Gupta And Anr Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Dhiraj Srivastava 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 26.4.2018 as well as the entire proceedings of Case No. 35050/2018, arising out of Case Crime No. 153/2017, under Sections- 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station- Kidwai Nagar, District- Kanpur Nagar, pending in the court of Additional Chief Metropolitan Magistrate, VII, Kanpur Nagar.
At present, prima facie, it does appear that the present criminal proceedings do arise out of the matrimonial dispute between the parties. Therefore, it 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 applicants shall deposit a sum of Rs. 15,000/- within two weeks from today with the Mediation Centre of which Rs. 12,000/- shall be paid to the opposite party no.2 for appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs. 3,000/- 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 applicants depositing the amount of Rs. 15,000/- as above, till the next date of listing, further proceedings against the applicants in the aforesaid case 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 :- 26.7.2018 Gaurav Pal