Heard learned counsel for the applicants and learned A.G.A and perused the material on record.
The instant application has been filed by the applicants with a prayer that the charge sheet of the case crime no. 331 of 2010, under Sections 498A/323/506 I.P.C. read with section 3/4 Dowry Prohibition Act , P.S. Talgram , District Kannauj may be quashed.
From the perusal of the record it appears that on the basis of the evidence collected by the I.O. during investigation prima facie offence under the aforesaid sections is made out, therefore, the prayer for quashing the charge sheet is refused.
It is further contended by the learned counsel for the applicants that this case may be sent to Mediation Centre for the purpose of settlement between the parties for which the applicants are ready to deposit the cost.
Considering the submission made by the learned counsel for the applicants, it is directed that applicants shall deposit Rs. 8,000/- within two weeks from today in the account head of Registrar General, Mediation and Conciliation Centre, Allahabad High Court, Allahabad. In case, the aforesaid amount is deposited the notice shall be issued to O.P. No.2 returnable within a period of four weeks. The two third of the above mentioned deposited amount shall be paid to O.P. No. 2 as expenses and this case shall be sent to Mediation Centre for further proceedings.
This case be listed before the appropriate Bench in the week commencing 16th August 2010.
Till then no coercive step shall be taken against the applicants in Case No. 331 of 2010 under sections 498-A/323/506 I.P.C. and section ¾ of D.P. Act P.S. Tal Gram District Kannauj pending in the court of Addl. Chief Judicial Magistrate Kannauj in case, the receipt of the aforesaid deposited amount is filed before the court concerned.
Order Date :- 14.6.2010 Naim