Court No. - 85
Case :- APPLICATION U/S 482 No. - 13593 of 2021 Applicant :- Vivek Tiwari And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application has been filed with a prayer to quash the entire proceeding of Case No. 69268 of 2021 (State vs. Vivek Tiwari and others), arising out of charge sheet dated 9.2.2021, in Case Crime No. 662 of 2020, u/s 498A, 323, 504, 506 I.P.C. read with Section 3/4 Dowry Prohibition Act, P.S.- Barra, District Kanpur Nagar, pending in the Court of Special C.J.M. Kanpur Nagar.
The contentions raised by the applicants' counsel is that there is a matrimonial dispute in between the parties. There are chances of amicable settlement between the husband and wife. Applicants' 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.
With the consent of both the parties, 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 center will decide the same within a period of four months.
For a period of five months, no coercive steps shall be taken against the applicants 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 applicants and in case mediation succeeds, the applicants shall be free to approach this Court.
With the above observation, this application is disposed of.
Order Date :- 12.8.2021 Vandana