Malati Devi And 2 Others vs State Of U.P. And Another
2019 Latest Caselaw 4882 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- APPLICATION U/S 482 No. - 37110 of 2017
 

 
Applicant :- Malati Devi And 2 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ashish Kumar Shukla,Chandra Prakash Tiwari
 
Counsel for Opposite Party :- G.A.,Dinesh Kumar Singh
 

 
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 summoning order dated 07.10.2016 as well as entire proceedings of Complaint Case No. 173 of 2016 (Smt. Sursati Devi Vs. Malati and others), under Sections 323, 504, 506 I.P.C., Police Station- Gopiganj, District- Bhadohi, pending in the court of Chief Judicial Magistrate, Bhadohi.

3. Learned counsel for the applicants submits, since the real dispute between the parties is matrimonial discord between the applicant no.1 and son of opposite party no.2 i.e. Dharmendra Kumar. It appears, successful mediation could have been possible after the said Dharmendra Kumar had been made party and the mediation had been sought involving him.

4. Accordingly, learned counsel for the applicants may implead the said Dharmendra Kumar as opposite party no.3.

5. While learned counsel for the opposite party no.2 submits that the said opposite party no.2 is not willing for a compromise/mediation, in light of the fact that the real dispute is between the applicant no.1 and opposite party no.3, the matter is again directed to the Mediation Centre that may first seek mediation between the applicant no.1 and opposite party no.3 only.

6. 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.

7. Only if the mediation between those parties is successful, the Mediation Centre may involve opposite party no.3 as well, at the subsequent stage, for a meaningful and complete settlement.

8. 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.

9. Till the next date of listing, further proceeding against the applicants in the aforesaid case shall remain stayed.

Order Date :- 22.5.2019

Prakhar