Court No. - 27
Case :- APPLICATION U/S 482 No. - 31556 of 2019 Applicant :- Rizwan And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Narendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application has been filed by the applicants with a prayer to quash the impugned summoning order dated 06.11.2018 in Complaint Case No.5025 of 2015 (Mohd Humaid Vs. Rizwan & others), under Sections 323, 504, 506 I.P.C., Police Station Kalyanpur, District Kanpur Nagar pending in the Court of Learned Additional Chief Metropolitan Magistrate, 10th, Kanpur Nagar. Further prayer has been made to stay the aforesaid case.
It is contended that it is a case of matrimonial dispute between applicant no.1 and sister of opposite party no.2. Applicant no.2 is brother-in-law of applicant no.1.
Learned counsel for the applicants submits that there is fair possibility of mediation between the parties and efforts can be made to this effect. He further submits that this case may be sent to the Mediation Center of this Court for the purpose of settlement between the parties for which the applicants are ready to deposit the cost.
Learned A.G.A. has no objection to this proposition.
Considering the submission made by learned counsel for the applicants, it is directed that applicants shall deposit Rs.20,000/- within two weeks from today in the account head of the Registrar General, Mediation and Conciliation Centre, Allahabad High Court. In case the aforesaid amount is deposited, notice shall be issued to O.P. No.2 returnable within a period of four weeks. Out of the said deposited amount, Rs.15,000/- shall be paid to O.P. No.2 as expenses and this case shall be sent to Mediation Center for further proceeding, who shall submit its report within two months thereafter.
For a period of two months from today or till the submission of the report by the Mediation Centre, no coercive action shall be taken against the applicants in the aforesaid case.
In the eventuality of mediation being successful, parties would be at liberty to file suitable application seeking quashment of the proceedings and in case, the mediation fails, the applicants shall be at liberty to file fresh application under Section 482 Cr.P.C. In case the amount as directed above, is not deposited by the applicants within the aforesaid period, this stay order shall automatically come to an end.
With the above observation, this application u/s 482 Cr.P.C. is finally disposed off.
Order Date :- 22.8.2019 Ashok Gupta