Tribhauwan Bajpai vs State Of U.P. And Another
2022 Latest Caselaw 8 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 29530 of 2021
 

 
Applicant :- Tribhauwan Bajpai
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Awadh Bihari Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajit Singh,J.

Heard Sri Awadh Bihari Pandey, learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.

This application under Section 482 Cr.P.C. has been moved with a prayer to quash the judgment and order dated 09.11.2021 passed by Additional Principal Judge, Famiy Court, Room No.1, Kanpur Nagar in Case No. 1511 of 2020 (Shubhi Bajpai Vs. Tribhuwan Bajpai) under section 125 Cr.P.C. Police Station Barra, District Kanpur Nagar and also a prayer is made to stay the proceedings in this case till the disposal of this application.

Learned counsel for the applicant has contended that all the applicant has been falsely implicated in this case. He has further contended that this is a family dispute and there are chances of compromise between the parties hence matter may be referred to the District Mediation Centre, Kanpur Nagar.

Learned A.G.A. has accepted notice on behalf of opposite party no.1.

In view of the fact that this is a family dispute, it is considered appropriate that this matter be referred to the District Mediation Centre, Kanpur Nagar for making an effort of compromise between the parties through mediation.

Accordingly, the matter is being referred to the District Mediation Centre, Kanpur Nagar for mediation. The applicant shall deposit a sum of Rs.10,000/- within three weeks at District Mediation Centre, Kanpur Nagar. In case the amount is deposited, the mediation centre will issue notice to opposite party no. 2 returnable within a period of four weeks. Out of the said amount, Rs.9,000/- shall be paid to the opposite party no. 2 when she appears before the District Mediation Centre, Kanpur Nagar for subsistence and to meet out the expenses and the remaining amount of Rs.1,000/- will go to the Mediation Centre. The mediator is allowed three months' time to find out possible solution of the dispute between the parties and send its report to this Court regarding the outcome of Mediation. Thereafter the case shall be listed before this Court along with report of the Mediator on 12.5.2022.

Till the next date of listing, further proceedings against the applicants in the aforesaid case shall be kept in abeyance.

After depositing the aforesaid amount, notice shall be issued to the parties and in case the aforesaid amount is not deposited within the aforesaid period,the interim protection granted above shall automatically be vacated.

Order Date :- 4.1.2022

AU