Court No. - 49
Case :- APPLICATION U/S 482 No. - 25474 of 2018 Applicant :- Sudama Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No.1516 of 2018 (State Vs. Sudama), arising out of Case Crime No. 33 of 2018, under Sections- 376, 313, 323, 506 IPC, Police Station Kotwali Bansi, District-Siddharth Nagar, pending in the court of Chief Judicial Magistrate, Siddharth Nagar.
Learned counsel for the applicant submits that in view of the admitted fact that prosecutrix was married from before, her further allegation that the applicant established physical intimacy with her under a false promise to marry, is patently false and no prosecution can arise thereon.
Therefore, it further appears, if the parties were to be offered assistance of mediation, they may be able to resolve their differences and bring an end to all disputes and differences between them, amicably.
It is directed that applicant shall deposit a sum of Rs. 10,000/- within two weeks from today with the Mediation Centre of which Rs.10,000/- shall be paid to the opposite party no.2 for appearance before the Mediation Centre on a date to be fixed by the mediation center.
The matter is referred to the Mediation Centre with the direction that same may be tried to be resolved after giving notices to both the parties.
It is directed that Mediation Centre shall proceed in the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench.
Subject to the applicant depositing the amount of Rs.10,000/- as above, till the next date of listing, further proceedings against the applicant shall be kept in abeyance.
After depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.
Order Date :- 27.7.2018 Meenu