Court No. - 72
Case :- APPLICATION U/S 482 No. - 6528 of 2019 Applicant :- Sunil Kumar Chaudhary Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsels for the parties.
This application U/s 482 Cr.P.C. has been filed with a prayer that in a proceeding under the Domestic Violence Act, in the revision filed by the applicant, the matter has been referred to Mediation and Conciliation Centre of this Court under the order dated 16.11.2018 and therefore, since the mediation has been directed it is prayed that the pending proceedings under Section 125 Cr.P.C. may be put in abeyance.
In the considered opinion of the Court, both the Acts operate in different fields and are for different purposes. The Domestic Violence Act deals with different issue and in the event mediation is directed to some how remove the discard between the relations, the outcome of the same may have bearing on a pending 125 Cr.P.C. proceedings. It is admitted to the applicant that till date the mediation has not been reached between the parties and it is still under process.
Under the circumstances, I am of the opinion it is not proper to stay the proceedings under Section 125 Cr.P.C. application filed by opposite party no. 2 for maintenance. However, whatever will be the outcome of the mediation and conciliation process underway at the Mediation Centre of the High Court pursuant to the order dated 16.11.2018, it will be always open for the parties to submit the same in the pending proceedings under Section 125 Cr.P.C. and the court below shall consider and decide the same in accordance with law.
The application at this moment not entertainable and is consigned to record.
Order Date :- 21.2.2019 IrfanUddin