Court No. - 85
Case :- APPLICATION U/S 482 No. - 16320 of 2021 Applicant :- Santosh Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sachida Nand Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,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 praying for quashing of charge sheet dated 27.12.2020 and cognizance order dated 02.03.2021 as well as the entire proceedings of S.T. No. 47 of 2021 (State Vs. Head Constable 370 Santosh Kumar Yadav), arising out of Case Crime No. 46 of 2020, under Sections- 494, 323, 506 I.P.C. and Section 3(1) Da, Dha of S.C./S.T. Act, Police Station- Kotwali Orai, District- Jalaun.
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. 40,000/- within two weeks from today with the Mediation Centre of which Rs. 30,000 /- shall be paid to the opposite party no.2 for appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs. 10,000/- shall be retained by the mediation center 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. 40,000/- 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 :- 29.10.2021 shiv