Court No. - 85
Case :- MATTERS UNDER ARTICLE 227 No. - 4532 of 2021 Petitioner :- Suraj Pal And 7 Others Respondent :- State Of U P And Another Counsel for Petitioner :- Anand Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
This petition has been filed with a prayer to quash the impugned order dated 02.02.2021 passed by Additional Sessions Judge, Court No.5, Bulandshahr in Crl. Misc. No. 597 of 2019, CNR No. UPBU01009640-2019 (Surajpal and others Vs. State of U.P. and others) and order dated 18.09.2018 passed by Additional Chief Judicial Magistrate, Court No.1, Bulandshahr in Criminal Complaint Case No.329 of 2018 (Renu Vs. Surajpal and others), u/s 498-A, 323, 504, 5069 I.P.C. and 3/4 D.P. Act, P.S.- Kotwali Dehat, District- Bulandshahr.
The contentions raised by the petitioners' counsel is that there is a matrimonial dispute in between the parties. There are chances of amicable settlement between the husband and wife. Petitioners' counsel urged that this case may be referred for mediation so that the couple may have a chance to settle their dispute on their own terms through mediation.
In such circumstances, it is directed that both the parties shall appear before the court below and file an application for settling the dispute through mediation. In case such an application is filed before the court below for settling the dispute through mediation, the court concerned shall pass an appropriate order within a week from the date of filing such an application. The mediation centre will decide the same within a period of four months.
For a period of five months, no coercive steps shall be taken against the petitioners in the above mentioned case.
It is further directed that in case mediation process between the parties fails, the court below shall be free to proceed further with the matter against the petitioners and in case mediation succeeds, the petitioners shall be free to approach this Court.
With the above observation, this petition is disposed of.
Order Date :- 28.10.2021/ shiv