Heard learned counsel for the applicants, learned A.G.A. and perused the record.
The present application has been filed by the applicants Sartaj Elahi, Mustaq, Smt. Hajra, Km. Sahnaz, Ashu, Smt. Guddan and Smt. Anjum with a prayer to quash/stay the further proceedings of complaint case no. 3079/09, Smt. Nasreen Bano v. Mustaque and others, under section 498-A I.P.C. and 3/4 D.P. Act, P.S. Orai, District- Jalaun pending in the court of Chief Judicial Magistrate, Jalaun at Orai.
From perusal of the record, it appears that the opposite party No.2 had filed a complaint under Section 498-A I.P.C. and 3/4 D.P. Act against the applicants and 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 proceeding 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, the applicant shall deposit Rs. 10,000/- within two weeks from today in the account of Registrar General, Mediation and Conciliation Centre, Allahabad High Court, Allahabad. In case, the aforesaid amount is deposited the notice shall be issued to the opposite party No.2 Smt. Nasreen Beno, 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 is listed before the appropriate Bench in the week commencing 3rd August, 2010.
Till then no coercive step shall be taken against the applicants in Complaint case no.3079/09, Smt. Nasreen Bano v. Mustaque and others, under section 498-A I.P.C. and 3/4 D.P. Act, P.S. Orai, District- Jalaun pending in the court of Chief Judicial Magistrate, Jalaun at Orai in case, the receipt of the aforesaid deposited amount is filed before the court concerned.
Order Date :- 15.6.2010 Sunil Kr Tiwari