Kashi Nath Dubey And 2 Others vs State Of U.P. And Another
2022 Latest Caselaw 126 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- CRIMINAL REVISION No. - 3131 of 2021
 
Revisionist :- Kashi Nath Dubey And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Santosh Kumar Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard learned counsel for the revisionists, learned A.G.A for the State and perused the material on record.

This Criminal Revision has been filed by the revisionists against the judgment and order dated 21.12.2021passed by Additional District Judge/Fast Track Ist Varanasi in S.T. No. 266 of 2021, (State Vs. Atul @ Rajan Dubey) arising out of Case Crime No. 10/2019, under section 376, 506, 504 IPC and Section 72 I.T. Act, P.S. Jansa, District Varanasi by which application 5kha under section 227 Cr.P.C. filed by revisionists was rejected.

After argument at some length, learned counsel for the revisionists has submitted that since it is a matrimonial dispute, there is chance of amicable settlement of dispute outside the Court. It is further submitted that the case may be sent to Mediation and Conciliation Centre, Allahabad High Court for taking an effort for settlement between the parties.

In view of above submissions made by learned counsel for the revisionists, it is directed that revisionists no.2 will deposit Rs.15,000/- within ten days from today through bank draft in favour of Registrar Accounts Allahabad High Court, Mediation and Conciliation Centre.

In case, the aforesaid amount is deposited, the notice shall be issued to opposite party no.2. Rs.12,000/- out of the aforementioned deposited amount shall be paid to opposite party no.2 as expenses and remaining amount of Rs.3000/- is payable to Mediation and Conciliation Centre, Allahabad High Court. Mediation Centre is expected to conclude its proceedings within two months.

List this case in the last week of May, 2022 along with report of Mediation Centre before appropriate Bench. This case shall not be treated as part heard/tied up to this Bench.

Till the next date of listing, no coercive action shall be taken against the revisionists.

It is made clear that if the revisionists no. 2 fails to deposit the money within ten days or avoids in participating in the mediation proceedings or delays the proceedings, then coercive measure shall be taken against them as required.

Order Date :- 21.2.2022/Neetu