Arif And 2 Others vs State Of U.P. And Another
2018 Latest Caselaw 2022 ALL

Citation : 2018 Latest Caselaw 2022 ALL
Judgement Date : 20 August, 2018

Allahabad High Court

Arif And 2 Others vs State Of U.P. And Another on 20 August, 2018

Bench: Saumitra Dayal Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 28605 of 2018
 

 
Applicant :- Arif And 2 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Chandravir Singh Raghuvanshi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saumitra Dayal Singh,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 15.2.2014 as well as the entire proceedings of Case No. 567 of 2015 (State Vs. Arif and Others), arising out of Case Crime No. 12 of 2014, under Sections- 323, 324, 354 (a), 504, 506 I.P.C., Police Station- Shivala Kalan, District- Bijnor, pending in the court of Civil Judge (J.D)/Judicial Magistrate, Chandpur, Bijnor.

At present, prima facie, it does appear that the present criminal proceedings do arise out of the dispute of civil nature between the parties. Therefore, it appears, if the parties were to be offered assistance of mediation, they may be able to resolve their differences and bring an end to all disputes and differences between them, amicably.

It is directed that applicants shall deposit a sum of Rs. 12,000/- within two weeks from today with the Mediation Centre of which Rs. 10,000/- shall be paid to the opposite party no.2 for appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs. 2,000/- shall be retained by the mediation center towards its expenses.

The matter is referred to the Mediation Centre with the direction that same may be tried to be resolved after giving notices to both the parties.

It is directed that Mediation Centre shall proceed in the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench.

Subject to the applicants depositing the amount of Rs. 12,000/- as above, till the next date of listing, further proceedings against the applicants in the aforesaid case shall be kept in abeyance.

After depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.

Order Date :- 20.8.2018

Gaurav Pal