Court No. - 27
Case :- APPLICATION U/S 482 No. - 30831 of 2019 Applicant :- Smt Savita Devi And 4 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Ram Chandra Solanki Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application has been filed by the applicants with a prayer to quash the impugned summoning order dated 06.04.2019 passed by learned Chief Judicial Magistrate, Auraiya as well as entire proceeding of Complaint Case No. 4922 of 2018 (Dhruvlal Vs. Raghuraj Singh and others) under Section 380 I.P.C. at P.S. Auraiya, District Auraiya. Further prayer has been made to stay the proceedings of aforesaid case.
It is contended that applicant no.1 is daughter-in-law of opposite party no.2 and applicants no. 2, 3 and 4 are father, mother and brother of applicant no.1 and applicant no.5 is the relative of applicant no.1.
Learned counsel for the applicants submits that there is fair possibility of mediation between the parties and efforts can be made to this effect. He further submits that this case may be sent to the Mediation Centre of this Court for the purpose of settlement between the parties.
Learned A.G.A. has no objection to this proposition.
Considering the submission made by learned counsel for the applicants, the matter is referred to the Mediation Centre of this Court. In case the applicants approach the Mediation Centre within ten days from today, the Mediation Centre shall issue notice to the opposite party no. 2 returnable within four weeks. The Mediation Centre shall proceed in the matter and submit its report within three months thereafter.
For a period of three months from today or till the submission of the report by the Mediation Centre, no coercive action shall be taken against the applicants in the aforesaid case.
In the eventuality of mediation being successful, parties would be at liberty to file suitable application seeking quashment of the proceedings and in case, the mediation fails, the applicants shall be at liberty to file fresh application under Section 482 Cr.P.C.
In case the applicants fail to approach the Mediation Centre within the prescribed period, the benefit of this order shall not be available to them.
With the above observation, this petition is finally disposed of. Order Date :- 22.8.2019 Md Faisal