Amzad And 7 Others vs State Of U.P. And Another
2016 Latest Caselaw 1546 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 
Case :- APPLICATION U/S 482 No. - 11083 of 2016
 
Applicant :- Amzad And 7 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Mohd. Aslam Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the applicants and also learned Additional Government Advocate.

The instant petition has been filed by the applicants with a prayer to quash the entire charge sheet dated 12.10.2014 submitted in Case Crime No. 85 of 2014, under Sections 498-A, 323, 504, 506 I.P.C. and section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, district Bijnor as well as non bailable warrant.

It is submitted by the learned counsel for the applicants that the applicant no. 1 is the husband of opposite party no. 2 and other applicants are parents-in-law. The opposite party no.2 has filed a complaint with frivolous allegations that there was demand of dowry and on account of non-fulfillment of demand of dowry she was ousted from her matrimonial house. It is a case of  matrimonial discord and bickering and there are chances of amicable settlement between the parties in case the matter is referred to the mediation centre.

It is further submitted that another Application u/s 482 Cr.P.C. No.11180 of 2016 has also been filed by the applicants before the Court relating to offences under sections 406, 323, 506 I.P.C. and section 6 of D.P. Act in which this Court has referred the matter before Mediation Centre for settlement, hence this matter may also be placed before the Mediation Centre. The applicants have already deposited the amount. The order in proceeding 482 Cr.P.C. has been passed on 12.4.2016 by another Bench of this Court.

In view of the aforesaid circumstances, let this case be placed before the Mediation Centre.

It needs hardly be said that both the parties shall appear either on the date fixed or on a future date as may be agreed before the Mediation Centre for reconciliation.

After the mediation proceeding the matter be listed immediately before the Court for order alongwith Application u/s 482 Cr.P.C. No.11180 of 2016.

Till next date of listing no coercive steps shall be taken against the applicants in Case Crime No. 85 of 2014, under Sections 498-A, 323, 504, 506 I.P.C. and section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, district Bijnor.

It is further clarified that the case will not be treated as tied up to this Bench and shall be listed before the appropriate Bench alongwith Application u/s 482 Cr.P.C. No.11180 of 2016.

Order Date :- 20.4.2016/RU