Court No. - 73
Case :- APPLICATION U/S 482 No. - 3213 of 2019 Applicant :- Sahib Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Syed Faiz Hasnain,Mohd. Hasham Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 30.8.2018 in Case No.2723 of 2018, arising out of Case Crime No.504 of 2018, under Sections 498-A, 323, 504, 506 IPC ad 3/4 D.P. Act, Police Station-Bhopa, District- Muzaffarnagar, pending in the court of Chief Judicial Magistrate, Muzaffarnagar.
It is submitted by learned counsel for the applicant that the present matter relates to a matrimonial dispute between husband and wife and the said matter can be well considered by Mediation Centre of this Court. It is further contended that there are chances of reconciliation between the parties, therefore, the matter may be referred to the Mediation Centre of this Court.
At present, prima facie, it does appear that the present criminal proceedings do arise out of the matrimonial dispute between the parties. Therefore, it further 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 applicant 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 centre. Balance Rs. 3,000/- shall be retained by the mediation centre 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 applicant depositing the amount of Rs.15,000/- as above, till the next date of listing, further proceedings against the applicant 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 :- 25.1.2019 Junaid