Mohd. Shamshad vs State Of U.P. & Another
2015 Latest Caselaw 424 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 58
 

 
Case :- APPLICATION U/S 482 No. - 11784 of 2015
 

 
Applicant :- Mohd. Shamshad
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Anil Kumar Tripathi
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble B. Amit Sthalekar,J.

Heard Sri Anil Kumar Tripathi, learned counsel for the applicant and the learned AGA for the State-respondents.

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 Complaint Case No.555 of 2013 (Ruksana  Vs. Mohd. Shamshad), under Section 498-A, 323, 504, 506 IPC  and 3/4 Dowry Prohibition Act at Police Station  Dudhara, District  Sant Kabir Nagar  and summoning order dated 23.5.2014 passed by learned Additional Chief Judicial Magistrate/Civil Judge (Senior Division), Sant Kabir Nagar  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