HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 49 Case :- APPLICATION U/S 482 No. - 21339 of 2015 Applicant :- Arun Kumar Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- Govt. Advocate Hon'ble Pankaj Naqvi,J.
Heard learned counsel for the applicant and learned A.G.A.
The present Section 482 Cr.P.C. application has been filed for quashing the summoning order dated 22.4.2015, passed by the A.C.J.M. VIII, Varanasi in complaint case no. 2011 of 2014 (Mahabali Vs. Arun Kumar and others), under Sections 498-A, 504 I.P.C. & Section 3/4 D.P. Act, P.S. Phoolpur, District Varanasi, pending in the court of A.C.J.M. VIII, Varanasi.
It is an off shoot of a matrimonial dispute. Learned counsel for applicant states that applicant is prepared for settlement by way of mediation. The matter is referred to Mediation and Conciliation Centre of this Court. The applicants shall deposit a sum of Rs. 15,000/- by way of demand draft/pay order payable at Varanasi in the name of opposite party no.2 within a period of two weeks from today before the Mediation and Conciliation Centre, Allahabad and that only upon furnishing proof of said deposit, office shall issue certified copy of this order. The said amount shall be handed over to opposite party no.2 on the date fixed before the Centre.
Learned A.G.A. has accepted notice on behalf of opposite party no. 1.
Issue notice to opposite party no. 2.
Opposite parties may file counter affidavit's within three weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List in the week commencing 12.10.2015, before the appropriate Court.
Till the next date of listing, further proceedings of complaint case no. 2011 of 2014 (Mahabali Vs. Arun Kumar and others), under Sections 498-A, 504 I.P.C. & Section 3/4 D.P. Act, P.S. Phoolpur, District Varanasi, pending in the court of A.C.J.M. VIII, Varanasi shall remain stayed.
Order Date :- 28.7.2015 AHN