Ameer Beg vs State Of U.P. And Another
2023 Latest Caselaw 11036 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- CRIMINAL REVISION No. - 323 of 2023
 

 
Revisionist :- Ameer Beg
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Mohammad Abid Ali
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Heard Sri Mohammad Abid Ali, learned counsel for the revisionist and learned A.G.A. for the State.

The present criminal revision has been preferred to set-aside the judgment and order dated 23.12.2022 passed by Principal Judge, Family Court, Bareily, in Criminal Case No. 1890 of 2021, under Section 125 of Cr.P.C., whereby the application of the opposite party no. 2 has been allowed and the revisionist is directed to pay Rs. 5,000/- per month to the opposite party no. 2.

Learned counsel for the revisionist submits that the present criminal proceedings are arising out of the matrimonial dispute between the parties and the revisionist has intention to settle the same amicably. Learned counsel further urged that this case may be referred to the Mediation Centre of this Court so that they may have a chance to settle their dispute on their own terms through mediation. In order to show their bona fide the revisionist is ready to deposit Rs.90,000/- to be handed over to the opposite party no. 2 on her appearance before Mediation.

The Court is also satisfied on the basis of the record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through process of mediation and an attempt ought to be made to explore that possibility.

Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court, Allahabad. The revisionist will deposit Rs.45,000/- within fifteen days from today and a sum of Rs. 45,000/- within fifteen days thereafter at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties. Out of the same, Rs.85,000/- shall be handed over to the opposite party no. 2 on her first appearance. It is further provided that Rs.5,000/- will remain deposited with the Mediation and Conciliation Centre, High Court, Allahabad.

The mediator is allowed two months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.

List this case on 10.08.2023 before the appropriate Bench along with report of the mediator.

Till the next date of listing, the proceedings of the aforesaid case shall remain stayed.

It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the revisionist in the mediation proceedings, the interim stay order shall stand automatically vacated.

This case shall not be treated as tied up or part heard with this Bench.

Order Date :- 13.4.2023

Saurabh