Court No. - 44
Case :- APPLICATION U/S 482 No. - 25400 of 2018 Applicant :- Suryabhan @ Chandra Bhan And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiv Badan,Shivajee Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Sri Shiv Badan, learned counsel for the applicants and learned A.G.A. for the State.
This application under Section482 Cr.P.C. has been filed challenging the order dated 29th June, 2018 passed by the Additional Chief Judicial Magistrate, Court No.11, Fatehpur in Complaint Case No. 207 of 2016 (Smt. Shipra Devi vs. Suryabhan @ Chandra Bhan Singh & Another), under Sections 498-A, 323 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Bindki, District Fatehpur, whereby the Non-Bailable Warrants have been issued against the applicants.
Learned A.G.A for the State points out that earlier the applicants had approached this Court by means of Application U/S 482 No. 38154 of 2017 (Suryabhan @ Chandra Bhan & Another vs. State of U.P. & Another). In the aforesaid application under Section 482 Cr.P.C., this Court passed an order dated 17th November, 2017, whereby the parties were sent to the Mediation and Conciliation Centre, High Court, Allahabad.
For ready reference, order dated 17th November, 2017 is reproduced herein-under:
"Heard learned counsel for the applicants and learned A.G.A.
Learned counsel for the applicants submits that an opportunity be granted to the parties for reconciliation / settlement of their dispute by way of mediation. Applicants are also willing to settle the matter through mediation.
I agree with the submission advanced by the learned counsel for the applicants.
The matter is referred to Mediation & Conciliation Centre of this Court. The applicants are directed to deposit a sum of Rs. 15,000/- by way of demand draft/pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within a period of one month from today. After deposit of the aforesaid money, office shall send a notice to the opposite party no. 2 fixing a date to appear before the Mediation and Conciliation Centre of this Court. The aforesaid amount shall be payable to the opposite party no. 2 on his/her appearance before the Mediation and Conciliation Centre. The Mediation Centre will submit its report in the matter within three months.
All the opposite parties may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List this case on 21.2.2018 before the appropriate Bench along with the report of the Mediation Centre.
Till the next date of listing before the Court, further proceedings against the applicants in complaint case no. 207 of 2016 (Shipra Devi Vs. Suryabhan @ Chandrabhan), under Section 498-A, 323 IPC and Section 3/4 D.P. Act, P.S. Bindki, District Fatehpur pending in the Court of Additional Chief Judicial Magistrate Court No. 11, Fatehpur shall remain stayed.
If the amount, as directed above, is not deposited by the applicants within the aforesaid period, the stay order shall automatically come to an end and the office shall immediately list this case for further orders before the Court."
However, it appears that in compliance of the aforesaid order, requisite amount of Rs. 15,000/- was not deposited before the Mediation and Conciliation Centre, High Court, Allahabad and consequently, in view of the conditions contained in the order dated 17th November, 2017 itself, interim protection granted to the applicants under the aforesaid order stood automatically revoked.
As a consequence to the aforesaid, the court below issued bailable warrants against the applicants, and ultimately vide order dated 21st May, 2018, Non-Bailable Warrants have been issued against the applicants and thereafter vide order dated 29th June, 2018. Feeling aggrieved, the applicants have now approached this Court by means of the present application under Section 482 Cr.P.C.
Learned counsel for the applicants submits that the applicants are ready to appear before the court below provided some indulgence is granted by this Court.
Considering the bona fide of the applicants, it is provided that the execution of the Non-Bailable Warrants issued against the applicants shall be kept in abeyance till 16th August, 2018.
In case the applicants appear before the court below on or before the aforesaid date, the court below shall consider the bail application of the applicants expeditiously, in the light of the judgement of this court in the case of Brahm Singh and Ors. Vs. State of U.P. and Others, reported in 2016 (7) ADJ 151.
However, in case of default, the interim protection granted by this Court as well as the direction issued to the court below for consideration of the bail application of the applicants expeditiously, both shall stand revoked automatically. The court below shall thereafter proceed against the applicants in accordance with law.
With the aforesaid directions/observations the present application stands finally disposed of.
(Rajeev Misra, J.) Order Date :- 30.7.2018 Sushil/-