Citation : 2018 Latest Caselaw 3607 ALL
Judgement Date : 13 November, 2018
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 31650 of 2018 Petitioner :- Gaurav Kumar And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Irfan Chaudhary,Swetashwa Agarwal Counsel for Respondent :- G.A. Hon'ble Ram Surat Ram (Maurya),J.
Hon'ble Bachchoo Lal,J.
Notice on behalf of respondent nos. 1 and 2 has been accepted by Government Advocate.
Issue notice to respondent nos. 3 and 4.
The counsel for the petitioners submits that this a matrimonial dispute and there is chance of reconciliation between the husband and wife. Therefore, the matter may be referred for mediation.
I agree with the submission advanced by the learned counsel for the petitioners.
The matter is referred to Mediation & Conciliation Centre of this Court. The petitioner no. 1 is directed to deposit a sum of Rs. 15,000/- before the Mediation & Conciliation Centre of this Court in its name within fifteen days from today. On deposit of the the amount, Mediation and Conciliation Centre of this Court shall issue notice to the parties for appearing before it fixing a date. 80% of Rs.15,000/- so deposited shall be paid to respondent no.2. The Mediation Centre will submit its report in the matter within three months.
All the respondents may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List this case after the mediation is over before the appropriate Bench along with the report of Mediation Centre. The case is released from the assignment.
Till the next date of listing, further proceedings in pursuance of FIR dated 23.10.1018 in Case Crime No. 323 of 2018, under Section 498A, 323, 504, 506, 313, 376, 511, 377, 354, 307 IPC and 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Ghaziabad pending in the court of Principal Judge (Family Court) Ghaziabad shall remain stayed.
If the amount, as directed above, is not deposited by the petitioner no. 1 within the aforesaid period, the stay order shall automatically come to an end and the office shall immediately list this case for further orders before the Court.
The case is released from the order of assignment.
Order Date :- 13.11.2018
Masarrat
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