HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 6 Case :- APPLICATION U/S 482 No. - 18524 of 2020 Applicant :- Amrish Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Pundir Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.
Re: Criminal Misc. Correction Application No. 02 of 2021 Heard.
Correction Application is allowed.
Necessary corrections have been incorporated in the order dated 10.12.2020. The correct order shall read as under:
"Heard Shri Gaurav Pundir, learned counsel for the applicant and learned A.G.A. for the State.
Shri Gaurav Pundir, learned counsel for the applicant contends that the criminal proceedings are a clear fall out of a matrimonial dispute. There are strong possibilities for an amicable resolution of the disputes between the parties and the dispute can be resolved amicably through mediation. However, in case the prosecution is allowed to proceed at this stage it would create bad blood between the parties and possibilities of an amicable resolution of the dispute will be ruled out.
To show his bonafides the applicant undertakes to remain current with the amount awarded by the learned trial court from the date of the judgment of the learned trial court and shall continue to pay the amount as and when it becomes due. Awarded amount w.e.f. 01.04.2020 to 01.12.2020 shall be deposited by the applicant within a period of three months from today. The amount becoming due w.e.f. 01.01.2021 shall be paid on 04.01.2021. Thereafter the amount shall be paid regularly on 1st of every month.
Learned counsel for the applicant prays that the matter be referred to the Allahabad High Court Mediation and Conciliation Centre, Allahabad.
The contentions of learned counsel for the applicant have prima facie merit. The parties will attempt a reconciliation with the assistance of the Allahabad High Court Mediation and Conciliation Centre, Allahabad.
The matter is referred to the Allahabad High Court Mediation and Conciliation Centre, Allahabad to attempt to bring about conciliation between the parties through the process of mediation. The following directions shall be executed by the respective parties:
I. The applicant is directed to deposit a sum of Rs.20,000/- before the Registrar General of this Court on or before 11.01.2021.
2. Rs. 15,000/- shall be released in favour of opposite party no. 2 while Rs. 5,000/- shall be retained by the Allahabad High Court Mediation and Conciliation Centre, Allahabad. The amount shall be disbursed to the opposite party no. 2 immediately upon her appearance before the Allahabad High Court Mediation and Conciliation Centre, Allahabad.
3. The Allahabad High Court Mediation and Conciliation Centre,Allahabad, shall fix the first date for mediation in the month of March, 2021 and issue notices to the parties accordingly.
4. The proceedings shall be concluded within a further period of four months from the date of initiation of the mediation proceedings in March, 2021.
List immediately thereafter before the appropriate bench along with the report of the Allahabad High Court Mediation and Conciliation Centre, Allahabad.
Issue notice to the opposite party no. 2.
Till further orders of the Court, the effect and operation of the order dated 18.06.2020 passed by the Family Court, Gorakhpur in Misc. Suit No. 273 of 2020 arising out of Original Suit No. 666 of 2018 (Smt. Preeti Verma Vs. Amrish Kumar) under Section 128 Cr.P.C., shall remain stayed.
In case the applicant fails to repay the amount as undertaken on his behalf before this Court, this order shall stand automatically recalled without recourse to this Court and the order passed by the learned trial court shall stand revive. The learned trial court shall thereafter proceed expeditiously in accordance with law against the applicant.
It is made clear that this case shall not be treated as tied up or part heard to this Bench."
The petitioner undertakes to deposit the amount which became due on 04.01.2021 within a period of ten days from 08.01.2021.
The order dated 10.12.2020 containing the errors shall be deleted from the uploaded website and shall be replaced by the correct order. However, the order passed on 10.12.2020 containing the errors shall remain in the ordersheet/record.
Order Date :- 8.1.2021 Dhananjai