Court No. - 85
Case :- APPLICATION U/S 482 No. - 21342 of 2021 Applicant :- Smt Surya Kali And 2 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Brij Gopal,Rajesh Mani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed praying for quashing of the proceedings of Case No. 230 of 2020, arising out of Case Crime No. 20 of 2019 under Sections 498A, 323, 406, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Prayagraj, pending in the Court of Additional Chief Judicial Magistrate, Room No. 17, District Allahabad.
Learned counsel for the applicants submits that it is a matrimonial dispute, which can be amicably settled before Mediation Centre of this Court and prays to refer the matter before Mediation Centre of this Court.
At present, prima facie, it does appear that the present criminal proceedings do arise out of the matrimonial dispute between the parties. 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 applicants shall deposit a sum of Rs. 15,000/- 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 centre. Balance Rs. 5000 /- shall be retained by the mediation centre towards its expenses.
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. 15,000 /- as above, till the next date of listing, further proceedings against the applicants in the aforesaid case 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 :- 29.10.2021 S.Ali Digitally signed by Justice Gautam Chowdhary Date: 2021.11.01 16:39:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad