Allahabad High Court
Gyan Prakash Vishwakarma & Others vs State Of U.P. & Another on 23 May, 2019
Bench: Mohd. Faiz Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 13
Case :- U/S 482/378/407 No. - 3795 of 2019
Applicant :- Gyan Prakash Vishwakarma & Others
Opposite Party :- State Of U.P. & Another
Counsel for Applicant :- Pradeep Shukla,Ravi Kishore Joshi
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Mohd. Faiz Alam Khan,J.
Heard learned counsel for the applicants as well as learned A.G.A. appearing for opposite party No. 1.
Issue notice to opposite party No.2.
This petition has been filed by the applicants to set aside the impugned order dated 24.04.2019 passed by Additional Sessions Judge, Room No.2, Pratapgarh in Criminal Revision No. 178 of 2018 and summoning order dated 01.10.2018 passed by Chief Judicial Magistrate, Pratapgarh.
Learned counsel for the applicants submits that applicant No.1 is the husband of opposite party No.2 and whole family of the applicant No.1 has been roped in the complaint case filed by the wife of applicant No.1 and the Magistrate without applying its judicial mind, has summoned all the family members of the applicant No.1 to face trial under Section 498-A, 323, 504 I.P.C. and Section 4 of Dowry Prohibition Act. He further submits that a revision filed against the summoning order has also been dismissed by the revisional court. The only argument which has been put forth by learned counsel for the applicants is that the marriage in between the opposite party No.2 and applicant No.1 was solemnized on 02.03.2014 and within five years of the marriage the relation in between them became strained. He further submits that the applicant No.1 and opposite party No.2 (Smt. Archana Vishwakarma) being the husband and wife, no serious efforts has yet been made to harmonies the relation in between them and if some serious efforts are made in this direction, there is every hope of settlement in between the husband and wife and perhaps the matrimonial discord may result into a peaceful married life, therefore a chance be given to the parties to settle their dispute amicably possibly through the instrumentality of mediation.
He further submits that the process of mediation which has not been initiated so far at any stage be activated and an opportunity be provided to the parties to settle their dispute amicably with the help of Mediation and Conciliation Centre. He also submits that the applicant No.1 is ready and is willing to deposit an amount of Rs. 20,000/- within 7 days from today.
Learned A.G.A. is not having any objection.
In view of aforesaid, it is provided that in case the applicants deposit the amount of Rs.20,000/- within 7 days from today in the Mediation Centre of Lucknow Bench, the matter will be placed before the Mediation and Conciliation Centre, High Court, Lucknow Bench, Lucknow and the Mediation Centre will call upon the opposite party No.2- Smt. Archana Vishwakarma, and consider the matter for mediation. On appearance of opposite party No. 2 before the Mediation Centre, Rs.19,000/- of the amount so deposited shall be released in her favour. A report with regard to the mediation be submitted by the Mediation Centre to this Court with regard to the result of mediation proceedings, on or before 29.07.2019.
In case of failure of applicants to deposit the amount within the time provided, the interim order shall stand discharged and the matter be placed before this court on 29.07.2019.
Till 29.07.2019, no coercive steps shall be taken against the applicants in the above mentioned case.
Order Date :- 23.5.2019
Abhishek Singh
