Court No. - 53
Case :- APPLICATION U/S 482 No. - 28446 of 2018 Applicant :- Sandeep Jaiswal And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hemant Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
This application has been filed under Section 482 CrPC seeking to quash the cognizance order dated 06.04.2018 in pursuance to charge sheet dated 06.02.2018 in criminal case no.652 of 2018, arising out of case crime no.30 of 2018, under sections 504, 506, 419, 420 I.P.C., P.S. Kasia, District Kushi Nagar, "State vs. Sandeep Jaiswal & others", pending before the Court of learned Additional Chief Judicial Magistrate, Kasia, Kushi Nagar.
The complainant/ opposite party no.2 is the son of applicant no.3 whereas applicant no.1 is the younger brother of complainant/ opposite party. Applicant no.2 is the first applicant's wife i.e. to say the sister-in-law of opposite party. The dispute is between close family members which appears to be fomented by ego clash or other underlying interest. In the opinion of the court the same can be wholesomely done during the process of mediation. Accordingly, the matter is remitted to the Allahabad High Court Mediation and Conciliation Centre.
It is directed that applicant shall deposit a sum of Rs. 10,000/- within three weeks from today with the Mediation Centre, out of which, Rs. 7,000/- would be paid to the opposite party no. 2 for appearance before the Mediation Centre.
Upon deposit aforesaid being made good, the Mediation Centre will issue notice to both the parties fixing an early date for appearance and further proceedings before the Centre.
The Mediation Centre will submit their report within two months from the date parties are required to first appear before the Centre. Thereafter the case shall be listed before appropriate Bench.
Till the next date of listing, further proceedings in pursuance to charge sheet dated 06.02.2018 in criminal case no.652 of 2018, arising out of case crime no.30 of 2018, under sections 504, 506, 419, 420 I.P.C., P.S. Kasia, District Kushi Nagar, "State vs. Sandeep Jaiswal & others", pending before the Court of learned Additional Chief Judicial Magistrate, Kasia, Kushi Nagar shall remain stayed.
In case of default in adherence to the aforesaid schedule of deposit or in making good the requisites in the account of the Allahabad High Court Mediation and Conciliation Centre, the interim order granted above shall automatically stand vacated.
Order Date :- 23.8.2018 shiv