Allahabad High Court
Prembabu And 3 Others vs State Of U.P. And Another on 26 September, 2018
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 49
Case :- APPLICATION U/S 482 No. - 32484 of 2018
Applicant :- Prembabu And 3 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Rajeev Kumar Saxena
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 30.4.2018 as well as the entire proceedings of Case No. 282 of 2018, arising out of Case Crime No. 8 of 2018, under Sections- 498-A, 323, 504, 506, Police Station- Mahila Thana, District- Auraiya, pending in the court of A.C.J.M, Auraiya.
3. In so far as the applicant no.1 is concerned. At present, prima facie, it does appear that the present criminal proceedings do arise out of the matrimonial dispute between the applicant no.1 and opposite party no.2. Therefore, it appears, if the applicant no.1 and opposite party no.2 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.
4. 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.
5. The matter is referred to the Mediation Centre with the direction that same may be tried to be resolved after giving notices to the applicant no.1 and opposite party no.2.
6. 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.
7. Subject to the applicant no.1 depositing the amount of Rs. 12,000/- as above, till the next date of listing, further proceedings against the applicant no.1 in the aforesaid case shall be kept in abeyance.
8. After depositing the amount, aforesaid, notice shall be issued to the applicant no.1 and opposite party no.2 and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.
9. In so far as the applicant nos. 2 to 4 are concerned.
10. Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
11. Issue notice to opposite party no. 2, returnable at an early date.
12. Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.
13. List thereafter.
14. Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against the applicant nos. 2 to 4.
Order Date :- 26.9.2018
Gaurav Pal
