Citation : 2015 Latest Caselaw 1522 ALL
Judgement Date : 28 July, 2015
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 49 Case :- APPLICATION U/S 482 No. - 21356 of 2015 Applicant :- Rakesh And 2 Or.S Opposite Party :- State Of U.P. And 2 Ors. Counsel for Applicant :- Amulya Ratan Srivastava,Rajendra Kumar Counsel for Opposite Party :- Govt. Advocate Hon'ble Pankaj Naqvi,J.
Heard learned counsel for the applicants and learned A.G.A.
The present Section 482 Cr.P.C. application has been filed for quashing the proceedings including the summoning order dated 21.4.2015 passed by the Civil Judge (J.D.) Muhammadabad, Ghazipur in complaint case no. 535 of 2014, under Sections 498-A, 323, 504 I.P.C. & 3/4 D.P. Act, P.S. Muhammadabad, District Ghazipur, pending in the court of Ghazipur.
It is an off shoot of a matrimonial dispute. Learned counsel for applicants states that applicants are 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 Ghazipur in the name of opposite party no.3 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 nos. 2 & 3.
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. 535 of 2014, under Sections 498-A, 323, 504 I.P.C. & 3/4 D.P. Act, P.S. Muhammadabad, District Ghazipur, pending in the court of Ghazipur, Shall remain stayed.
Order Date :- 28.7.2015
AHN
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