Court No. - 49
Case :- APPLICATION U/S 482 No. - 10824 of 2018 Applicant :- Virendra Kumar And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sanjay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to quash the impugned charge sheet dated 10.8.2016 as well as entire proceedings of Case No.2209 of 2016 (State Vs. Virendra and others) arising out of Case Crime No.417 of 2016, under Sections 498A, 323, 506 IPC and 3/4 of Dowry Prohibition Act, 1961, Police Station Milak, District Rampur.
In so far as the applicant no. 1 is concerned learned counsel for the applicants submit that the FIR has been lodged against the applicants, occasioned by a matrimonial dispute between the applicant no.1 and opposite party no.2. It is further contended that there are chances of settlement between the parties, if they are afforded an opportunity through mediation. Therefore, the matter may be referred to the 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 applicant no.1 and opposite party no.2 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 further directed that applicant no.1 shall deposit a sum of Rs. 12,000/- within a period of two weeks with the Mediation Centre of which Rs. 9,000/- 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. Balance Rs. 3,000/- shall be retained by the mediation center 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 the applicant no.1 and opposite party no.2.
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 no.1 depositing the amount of Rs. 12,000/- as above, till the next date of listing, further proceedings against the applicant no.1 in pursuance of the aforesaid order shall be kept in abeyance.
After depositing the amount, aforesaid, notice shall be issued to the applicant no.1 and opposite party no.2 and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.
In so far as the applicant nos. 2 and 3 are concerned, only general and vague allegations have been made against them.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable at an early date.
Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, no coercive measure shall be adopted against the applicant nos. 2 and 3 in the aforesaid proceedings.
Order Date :- 23.8.2018 Meenu