Court No. - 53
Case :- APPLICATION U/S 482 No. - 24045 of 2018 Applicant :- Satendra Yadav And Another Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicants and learned AGA on behalf of State.
This is an application filed under Section 482 Cr.P.C. seeking to stay the further proceedings of Criminal Case No. 1370 of 2018, State Vs. Satendra Yadav and another, (arising out of Case Crime No. 0095 of 2018) under Section 386 IPC, P.S. Chhivramau, District Kannauj pending in the court of Learned Additional Chief Judicial Magistrate, Chhivramau, District Kannauj.
The informant/opposite party no.2 is the owner of a cold storage where applicant nos. 1 and 2 are said to be tenants of his premises running two shops. It is claimed that the dispute between them is essentially one of a civil nature that has been turned into a criminal prosecution to abuse the process of Court. The matter has elements of mediation and in the opinion of this Court the same can be wholesomely resolved through an amicable settlement between the parties through intervene of Allahabad High Court Mediation and Conciliation Centre.
Without going into the merits of the applicants' case at this stage, since the matter is a dispute between the applicants and opposite party no.2, who are a landlord and tenant , respectively, it is desirable that the parties be required to attempt a reconciliation of their differences with the assistance of Allahabad High Court Mediation and Conciliation Centre. Learned counsel for the applicant is in agreement with the aforesaid course of action.
It is directed that applicant shall deposit a sum of Rs.10,000/- within three weeks from today with the Mediation Centre of which Rs.7,000/- would be paid to the opposite party no.2 for appearance before the Mediation Centre.
Upon deposit aforesaid being made good, the Mediation Centre will issue notice to both the parties fixing an early date for appearance and further proceedings before the Centre.
The Mediation Centre will submit their report within two months from the date parties are required to first appear before the Centre. Thereafter the case shall be listed before appropriate Bench.
Until the next date of listing, further proceedings of Criminal Case No. 1370 of 2018, State Vs. Satendra Yadav and another, (arising out of Case Crime No. 0095 of 2018) under Section 386 IPC, P.S. Chhivramau, District Kannauj pending in the court of Learned Additional Chief Judicial Magistrate, Chhivramau, District Kannauj shall remain stayed.
In case of default of deposit or in making good the requisites in the account of the Allahabad High Court Mediation and Conciliation Centre, the interim order granted above shall automatically stand vacated.
Order Date :- 26.7.2018 Krishna