Court No. - 48
Case :- APPLICATION U/S 482 No. - 39272 of 2018 Applicant :- Rishant Jain Opposite Party :- State Of Up And Another Counsel for Applicant :- Manvendra Nath Singh Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard applicants' counsel as well as learned A.G.A. and perused the record.
The quintessence of the contentions raised by the applicants' counsel is that matrimonial dispute is in the genesis of this case. There are chances of amicable settlement between the husband and wife. Applicants' counsel strenuously urged that this case may be referred to the Mediation Centre of this Court so that the couple 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.25,000/- within 30 days 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.23,000/- 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 immediately after three months.
Till the next date of listing, no coercive steps shall be taken against the applicant namely Rishant Jain in Case No. 14785 of 2016 (State vs. Rishant Jain) arising out of case crime no.0009 of 2016, under Sections 498A, 323, 504, 506 I.P.C., Police Station- Noida Sector 39, District- Gautam Budh Nagar, pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar.
It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the applicant in the mediation proceedings, the interim stay order shall stand automatically vacated.
Order Date :- 30.10.2018 shiv