Mohit And 2 Others vs State Of Up And Another
2019 Latest Caselaw 4617 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 24
 

 
Case :- APPLICATION U/S 482 No. - 17466 of 2019
 

 
Applicant :- Mohit And 2 Others
 
Opposite Party :- State Of Up And Another
 
Counsel for Applicant :- Radhey Shyam Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Radhey Shyam Yadav, learned counsel for the applicants, Sri Dharmendra Kumar Singh, 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 Complaint and also set aside the order dated 18.3.2019 passed by Additional Chief Judicial Magistrate, Farrukhabad in Case No.537 of 2019 (Smt. Poonam Vs. Mohit and others), under Sections 498-A, 323 IPC 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. Learned counsel for the applicants argued that opposite party no.2 is the wife of applicant no.2 and the applicant no.3 and 4, are father-in-law and mother-in-law of opposite party no.2. 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 26.9.2019 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