Court No. - 64
Case :- APPLICATION U/S 482 No. - 16585 of 2019 Applicant :- Satendra And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramesh Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.
By way of the instant application, the applicants have sought for quashment of the proceeding in Criminal Complaint Case No.1322 of 2017 Hema urf Sujata Vs. Satendra and others, under Sections 498A, 323 IPC and 3/4 Dowry Prohibition Act, pending in the court of the Additional Chief Judicial Magistrate-4th, Saharanpur.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously it cannot be said that the proceeding initiated against applicants is in sheer misuse of the process of the Court. The documents placed on record carry substantive allegations which have been backed up by sufficient material for drawing the proceeding against the applicant. Therefore, the prayer of quashment of the proceeding is refused.
However, considering the particular submission that the complaint has been filed against the applicants on account of some misunderstanding and some irritation to opposite party no.2, therefore, some time may be given for amicable settlement of the dispute in question before the mediation centre at district level.
Submission so made can be made before the court below, who may thereafter facilitate mediation between the parties, if permissible in law.
It is directed that applicants shall deposit a sum of Rs.15,000/- within two weeks' from today with the Mediation Centre at district level concerned out of which 90 % amount shall be paid to opposite party no.2 for her appearance before the Mediation Centre.
With the aforesaid direction, the instant application is disposed of.
Order Date :- 26.4.2019 rkg