HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- U/S 482/378/407 No. - 3046 of 2015 Applicant :- Dabloo @ Swadesh And Ors. Opposite Party :- The State Of U.P Thru Secy., Home Deptt., Lucknow And Ors. Counsel for Applicant :- Vinay Kumar Counsel for Opposite Party :- Govt. Advocate Hon'ble Akhtar Husain Khan,J.
Heard learned counsel for petitioners as well as learned A.G.A fot he State and perused the record.
Present petition has been moved by petitioners Dabloo, Chhanga Lal, Sudheer, Aarti, Sooraj, Smt. Sarla Devi, under Section 482 Cr.P.C. with prayer to quash the summoning order dated 1.9.2014 passed on charge sheet No.120 of 2013 submitted in Case No. 1905 of 2014, Crime No.11 of 2013, under sections 498-A, 323, 504, 506 IPC & ¾ D.P. Act, P.S. Imliya Sultanpur, District Sitapur pending before the court of Additional Chief Judicial Magistrate, (Junior Division), Sitapur.
Learned counsel for the petitioners contended that petitioner no. 1 is husband of daughter of complainant/opposite party no. 2 and rest of the petitioners are distant relative of petitioner no. 1. He further contended that no offence under the aforesaid sections is made out against the petitioner Nos. 2 to 6.
Learned counsel for the petitioners further contended that petitioners are ready and willing to solve their dispute through mediation.
Petitioners are accused named in the FIR and police has submitted charge sheet against them after investigation whereupon the Magistrate has passed the impugned summoning order.
I find no irregularity or illegality either in the police investigation or cognizance taken by the Magistrate. Moreover, the Magistrate is competent to consider and to pass appropriate order under section 239 Cr.P.C. in appropriate case.
In view of the above, I find no justification for any interference in the impugned summoning order at this stage under section 482 Cr.P.C.
As learned counsel for the petitioners have prayed to solve the dispute through mediation, it is directed that the Magistrate concerned shall refer the parties to the District Mediation Centre for negotiations subject to condition that petitioners shall appear before the Magistrate concerned within 15 days from today and shall cooperate fully in the mediation proceedings. to settle their dispute. The District Mediation Centre shall conclude the meditation proceedings within two months positively from the date of reference. After conclusion of mediation proceedings, the Magistrate shall proceed further with the case in accordance with law.
In the meantime, the petitioners shall not be taken into custody subject to condition that they shall comply with the direction mentioned above.
The petition is disposed off finally.
Order Date :- 30.6.2015 Ps