Citation : 2016 Latest Caselaw 5043 ALL
Judgement Date : 9 August, 2016
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 49 Case :- APPLICATION U/S 482 No. - 21525 of 2016 Applicant :- Vivekanand Giri Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Raghvendra Kumar, J.
Heard learned counsel for the applicant and learned A. G. A. for the State of U.P. and perused the material available on record.
Applicants ? Vivekanand Giri has invoked the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the entire proceeding originated upon a charge-sheet dated 18.01.2014 in Case No, 1805 of 2014 ? (State Vs. Vivekanand Giri) in N.C.R. No. 20 of 2012, under Sectins 323, 504, 506 I.P.C, Police Station ? Ghosi, District ? Mau, pending in the Court of Chif Judicial Magistrate, Distrit ? Mau.
It is submitted by learned counsel for the applicant that it is a matrimonial dispute between husband and wife and is of trivial nature, if positive efforts are made by referring the dispute to the Mediation & Conciliation Centre of this Court, there is every likelihood of settlement of grievances of the parties.
Issue notice to opposite party no. 2 through the Chief Judicial Magistrate, concerned returnable within a period of six weeks from today for appearance before this Court to apprise whether she is willing to mediation proceeding. Apart from normal mode of steps shall also be taken for service of notice through registered post within three days for obtaining her consent.
The applicant no. 1 ? Vivekanant Giri is directed to deposit Rs.25,000/- within ten days from today, in the office of Registrar General of this Court, out of which Rs. 5,000/- shall go to the Mediation & Conciliation Centre, High Court, Allahabad towards mediation charges, and remaining amount will be paid to respondent no. 2 to meet expences of attending the mediation proceedings.
List on 27.09.2016.
Till the next date of listing, no coercive steps shall be taken against the applicants in the above referred case.
Order Date :- 09.08.2016,
Vinod.
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