The instant application has been filed on behalf of the applicants with a prayer to quash the whole criminal proceedings of Criminal Case No. 1564 of 2020 arising out of Case Crime No. 383 of 2018 (State of U.P Vs. Mayank Mishra and Ors.) under Sections 498-A of IPC and 3/4 of Dowry Prohibition Act, Police Station Asandra, District Barabanki pending in the Court of Additional Chief Judicial Magistrate, Court No.17, Barabanki as well as chargesheet filed in respect of above mentioned case crime and summoning order dated 18.01.2021 by which applicants were summoned to face trial.
Heard Sri Diwakar Pratap Pandey, learned counsel for the applicants as well as Sri Rajesh Kumar, learned AGA for the State.
Learned counsel for the applicants submits that applicant nos. 1, 2 and 3 are father-in-law, mother-in-law and sister-in-law of the opposite party no.2 respectively and an FIR has been lodged by the opposite party no.2 implicating her husband Mayank Mishra and the applicants alleging therein that the opposite party no.2 has been treated with cruelty in lieu of demand of dowry and also that she was physically beaten. He further submits that after investigation the chargesheet has been filed against the applicants and co-accused Mayank Mishra under Sections 498-A of IPC and 3/4 of Dowry Prohibition Act and the allegations with regard to the offences under Sections 323, 506 and 452 of IPC were not found truthful.
It is further submitted that since the dispute is purely matrimonial in nature and no serious efforts so far has been made for the settlement of dispute, there is every hope of settlement if serious efforts are made through the course of Mediation to persuade the parties, it is on the cards that the distorted chords of the matrimonial life of opposite party no.2 and the son of the applicant no.1 may be brought bank on right track.
Learned AGA is also having no objection if any settlement could be arrived between the parties, as the dispute is purely of matrimonial in nature.
Learned counsel for the applicants submits that he has instructions that the applicants are ready to deposit Rs. 15,000/- in the Mediation Centre of this Court to show their bonafide.
Having regard to the statements made by learned counsel for the parties and having perused the record, it is evident that the dispute between the opposite party no.2 and applicants is matrimonial in nature. There is always a hope in matrimonial matters of amicable settlement. A Mediation in this regard is a powerful instrument through which such complex disputes could be resolved.
In view of above, the matter is referred to the Mediation Centre of this Bench subject to the condition that the applicants shall deposit Rs.15,000/- in the Mediation Centre within ten days from today, out of this amount Rs.12,000/- shall be paid to the opposite party no.2 when she will attend the first date of mediation. The Mediation Centre shall make all efforts in persuading the parties to arrive at a settlement and will also submit a report to this Court within two months.
List this case on 23.11.2021.
Till the next date of listing, no coercive measure shall be taken against the applicants in the above mentioned case.
Order Date :- 29.7.2021 Mohit