Allahabad High Court
Ram Prasad And 3 Others vs State Of Up And Another on 16 May, 2019
Bench: Dinesh Kumar Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 24
Case :- APPLICATION U/S 482 No. - 17258 of 2019
Applicant :- Ram Prasad And 3 Others
Opposite Party :- State Of Up And Another
Counsel for Applicant :- Sujan Singh
Counsel for Opposite Party :- G.A.,Jayendra Kumar Mishra
Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit has been filed on behalf of applicants today, the same is taken on record.
Heard Sri Sujan Singh, learned counsel for the applicants, Sri Ravi Kant Tiwari, Advocate holding brief of Sri Jayendra Kumar Mishra, learned counsel for the opposite party no.2 and Sri S.S. Sachan, learned A.G.A. for the State and perused the record.
The present application u/s 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings of Complaint Case no. 2654 of 2017, pending before the Court of 8th A.C.J.M., Agra as (Smt. Pooja Vs. Manohar and others) for an offence under Section 406 of IPC of P.S. Sikandra, District Agra and also prayed to stay the proceedings of the aforesaid case.
Learned counsel for the applicants has argued that the accused-applicants have been falsely implicated in the present case. It is further argued that earlier a case under Section 9 of Hindu Marriage Act, 1955 for Restitution of Conjugal Rights was filed by the applicant no.2 against opposite party no.2 and thereafter, the opposite party no.2 has initiated a case under Section 498-A, 323, 504, 506 and 354 IPC and 3/4 D.P. Act and Section 12 of Domestic Violence Act which are pending before the Lower Court. It further argued that this is a case which has been slapped against applicants by opposite party no.2 which is nothing but amounts to malicious prosecution. He has further contended that this is a matrimonial dispute and there are chances of settlement, hence, it may be referred to the Allahabad Mediation Centre.
Learned A.G.A. as well as counsel for the opposite party no.2 have no objection for this matter to be referred to Allahabad Mediation Centre for mediation between the parties to resolve the dispute amicably.
Issue notice to the opposite party no. 2, to appear before the Mediation Centre of Allahabad High Court for compromise on a date to be fixed by it. The applicant no.2 shall deposit an amount of Rs. 20,000/- at Mediation Centre, Allahabad within three weeks from today, where-after only the notice would be issued to the opposite party no. 2 and on her appearing before the Mediation Centre, Rs. 15,000/- shall be paid to her to meet out her expenses and Rs.5,000/- shall go to the Mediation Centre. Mediation Centre shall, thereafter, submit its report within two months.
List this case on 26.09.2019 with the report of Allahabad, High Court Mediation Centre. No coercive action shall be taken against the applicants till the next date. In case, the amount is not deposited as ordered, the interim order shall automatically stand vacated.
Order Date :- 16.5.2019/Neeraj
