Allahabad High Court
Shashank Bansal vs State Of U.P. And Another on 24 August, 2016
Bench: Naheed Ara Moonis
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- APPLICATION U/S 482 No. - 24860 of 2016
Applicant :- Shashank Bansal
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Sunil Kumar Tiwari
Counsel for Opposite Party :- G.A.,J.K.Pandey
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant, Shri Jitendra Kumar Pandey, appearing on behalf of the opposite party no.2 and also learned Additional Government Advocate on behalf of the State and have taken through the record.
The instant petition has been filed with a prayer to quash the order order dated 18.7.2016 passed by the learned Additional Sessions Judge/F.T.C. Court No.2, Ghaziabad in Case No. 409 of 2015 (Smt. Priyanka Bansal Vs. Shashank Bansal), under section 125 Cr.P.C., P.S. Loni, district Ghaziabad.
It is submitted by the learned counsel for the applicant that the applicant is the husband of the opposite party no.2 who on the basis of an application moved under section 125 Cr.P.C. claims maintenance from the applicant. The case was registered as Case No.409 of 2015 in which the court below has granted maintenance allowance of Rs.10,000/- per month to the opposite party no.2 from the date of moving application i.e. 7.7.2015.
It is further contended that a complaint was also filed by the opposite party no.2 against the applicant with the allegations of demand of dowry and that on account of non-fulfilment of demand of dowry she was ousted from her matrimonial house. Aggrieved, applicant has filed a Criminal Misc. Application u/s 482 Cr.P.C. No.24854 of 20176 (Shashank Bansal Vs. Smt. Priyanka Bansal) before this Court in which another Bench of this Court granted indulgence by granting interim order and the matter has been referred before the mediation centre for settlement. The dispute is the emanation of the matrimonial bickering. In case the matter is referred to the mediation centre there are chances of amicable settlement between the parties and there is every likelihood that both the parties will resolve their differences. The applicants are ready to deposit requisite amount towards expenses.
Learned counsel for the opposite party no.2 has submitted that interim maintenance allowance has been awarded to the opposite party no.2 who was ousted from her matrimonial house in the year 2015 on account of non-fulfilment demand of dowry. The marriage took place on 4.2.2014. It is further contended that he has no objection to refer the matter before the mediation centre but the maintenance allowance as awarded by the court below directed to be paid to the opposite party no.2 during pendency of mediation proceeding.
Considering the aforesaid facts and circumstances of the case, this matter is referred before the Mediation Centre.
While referring the matter to Mediation Centre with the consent of the counsel for both the parties, it is directed that the applicants shall deposit a sum of Rs. 10,000/- within two weeks with the Mediation Centre by way of Bank draft drawn in favour of Mediation Centre, High Court, Allahabad, out of which a sum of Rs. 8,000/- shall be payable to the respondent no. 2, victim and the remaining amount shall be kept for being utilised by the Mediation Centre. The amount aforesaid, it is further directed, shall be paid over to the respondent no. 2 on her appearing before the Mediation Centre on the date fixed. The amount aforesaid, it may be clarified, are meant to meet expenses to be incurred for attending mediation sessions at Allahabad for the respondent no.2 and the person escorting her.
The office upon deposit of the Bank draft shall issue notice within one week to the respondent no.2 i.e the wife calling upon her to appear at the Mediation Centre at Allahabad High Court on a date to be indicated in the said notice stating therein that the Bank draft deposited by the applicants shall be delivered at the Mediation Centre on the date fixed. The said notice shall be served upon respondent no.2 through C.J.M concerned. 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.
The Centre shall submit a report within one month from the date of parties appearing before it for reconciliation. The case shall be listed in the week commencing 17.10.2016 along with report of Mediation Centre.
During mediation proceeding the applicant is directed to pay maintenance allowance to the opposite party no.2 as directed by the court below till the mediation proceeding is completed.
Till next date of listing no coercive steps shall be taken against the applicant in Case No. 409 of 2015 (Smt. Priyanka Bansal Vs. Shashank Bansal), under section 125 Cr.P.C., P.S. Loni, district Ghaziabad.
It is made clear that in case, there occurs default by the applicant either in depositing the amount or in appearing before the Mediation Centre on the date or dates fixed or paying the maintenance allowance, the interim order shall automatically cease to be operative and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the Bench concerned for passing appropriate order in the matter.
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.
Copy of this order will not be issued unless steps are taken.
Order Date :- 24.8.2016
RU
