Yogesh Agarwal & Others vs State Of U.P. & Others
2012 Latest Caselaw 3377 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 22
 

 
Case :- CRIMINAL REVISION No. - 422 of 2010
 

 
Petitioner :- Yogesh Agarwal & Others
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Pankaj Kumar Shukla
 
Respondent Counsel :- Govt. Advocate,R.C.Uttam
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Pankaj Kumar Shukla, learned counsel for the revisionists, learned A.G.A. appearing for the State.

Sri Ram Chandra Uttam, learned counsel appearing on behalf of opp. party No.3 is not present.

The argument substantially is that fraught relation emanating from matrimonial bickering escalated into launching of criminal proceeding vide F.I.R. which was registered as case No.7183/IX of 2009 (State Vs. Yogesh and others), under sections 498-A, 323, 504, 506 IPC, Police Station-Govind Nagar, District-Mathura.

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.

While referring the matter to Mediation Centre with the consent of the revisionists, it is directed that revisionist No.1 shall deposit within 15 days from today a sum of Rs. 20,000/- with the Mediation Centre by way of Bank draft drawn in favour of Mediation Centre, High Court Allahabad out of which a sum of Rs. 17,000/- shall be payable to Smt. Karishma @ Kajal, daughter of opp party No.3 and the remaining amount shall be kept for being utilised by the Mediation Centre. The amount aforesaid, it is further directed, shall be paid over to Smt. Karishma @ Kajal, daughter of opp party No.3, on her appearing before the Mediation Centre on the date fixed. The amount aforesaid, it may be clarified, are meant to meet expenses to be incurred for attending mediation sessions at Allahabad for the Opp. Party no.3 and the person escorting her.

Sri Pankaj Kumar Shukla, learned counsel for the revisionists, shall inform Sri Ram Chandra Uttam, learned counsel appearing on behalf of opp. party No.3 about this order in writing, so that he may inform his client about the order and appearance of Smt. Karishma @ Kajal, wife of Yogesh Agarwal at the Mediation Centre, Allahabad.

The centre shall submit a report within one month from the date of parties appearing before it for reconciliation. The case shall be listed 3.10.2012 alongwith report of Mediation Centre before the appropriate Bench.

Till then, further proceedings of case No.7183/IX of 2009 (State Vs. Yogesh and others), under sections 498-A, 323, 504, 506 IPC, Police Station-Govind Nagar, District-Mathura shall remain stayed.

It is made clear that in case, there occurs default by the revisionist No.1 either in depositing the amount as directed above or in appearing before the Mediation Centre on the date or dates fixed, the interim order passed by this Court shall stand automatically vacated and revision shall stand dismissed without further reference to a Bench of this Court.

Office is directed to send the certified copy of this order to the Court concerned to proceed in the case in accordance with law, if the revisionist No.1 fails to deposit the amount as directed above within 15 days from today.

Order Date :- 6.8.2012

NS