HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 58 Case :- APPLICATION U/S 482 No. - 11766 of 2015 Applicant :- Aashish Kumar Verma Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Indrasen Singh Tomar Counsel for Opposite Party :- Govt. Advocate Hon'ble B. Amit Sthalekar,J.
This application under Section 482 Cr.P.C. has been filed for quashing the order dated 24.4.2014 passed by Chief Judicial Magistrate, Mau in Complaint Case No.2849 of 2012, under sections 498-A, 323 I.P.C. and 3 /4 Dowry Prohibition Act, Police Station Kotwali Nagar, District Mau (Smt. Neelu Verma Vs. Ashish Kumar Verma.
From the documents on record, it is noticed that applicant had earlier approached this Court through Criminal Misc. Application u/s No.43675 of 2013 (Ashish Kumar Verma and two others Vs. State of U.P. and another), which was disposed of by this Court with a direction to apply discharge application before the court below. It has been stated that discharge application has been rejected by the court below and summoning order has been issued.
Heard Sri R.C. Srivastava holding brief of Shri Indrasen Singh Tomar, learned counsel for the applicant and learned A.G.A. for the State-respondent.
Learned counsel for the applicant has submitted that the present matter is a matrimonial matter and the said matter can be well considered by the Mediation and Conciliation Centre of this Court. It is further contended that there are chances of reconciliation between the husband and wife, therefore, the matter may be referred to the Mediation Centre.
Having considered the arguments advanced across the bar, I have a feeling that Court owes a duty to the society to strain to the utmost to repair the frayed relations between the parties so that the wounded situation may be healed into a healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties.
It is directed that the applicants shall deposit a sum of Rs.25000/- within three weeks from today with the Mediation and Conciliation Centre of which 90% shall be paid to the opposite party No.2 for appearance before the Mediation Centre.
The matter is remitted to the Mediation Centre with the direction that the same may be decided after giving notices to both the parties.
It is directed that the Mediation Centre shall decide the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before the appropriate Court on 10.08.2015.
Till the next date of listing, further proceedings against the applicants in impugned order dated 24.4.2014 passed by Chief Judicial Magistrate, Mau in Complaint Case No.2849 of 2012, under sections 498-A, 323 I.P.C. and 3 /4 Dowry Prohibition Act, Police Station Kotwali Nagar, District Mau (Smt. Neelu Verma Vs. Ashish Kumar Verma shall be kept in abeyance, provided the applicant deposits the amount as stated above.
After depositing the aforesaid amount, notice shall be issued to the parties and in case, the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.
Order Date :- 7.5.2015 RU