Vipin Mishra And 3 Others vs State Of U.P. And Another
2015 Latest Caselaw 653 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 58
 

 
Case :- APPLICATION U/S 482 No. - 12900 of 2015
 

 
Applicant :- Vipin Mishra And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- S.K. Shukla,M.C. Tiwari
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble B. Amit Sthalekar,J.

Heard Sri S.K.Shukla, learned counsel for the applicants and learned AGA for the State-respondents.

By this application, the applicants are seeking quashing of the proceedings of Complaint Case No. 1394 of 2014, under Sections 498-A, 323, 504, 506, 406 I.P.C. & 3/4 D.P.Act, P.S. Kapsethi, District Varanasi pending in Court of Additional Chief Judicial Magistrate-II, Varanasi and summoning order dated 30.1.2015 

Learned counsel for the applicants 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 applicant 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 after three months.

Till the next date of listing, further proceedings against the applicant in Complaint Case No. 1394 of 2014, under Sections 498-A, 323, 504, 506, 406 I.P.C. & 3/4 D.P.Act, P.S. Kapsethi, District Varanasi shall be kept in abeyance, provided the applicant deposit 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.

The name of the applicant no.4 does not find mention in the summoning order. Therefore, learned counsel for the applicants is permitted to delete the applicant no.4 from the array of the parties today itself.

Order Date :- 25.5.2015

Ashish Pd.