Sagar Kanojia vs State Of U.P. And Another
2023 Latest Caselaw 12861 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- CRIMINAL REVISION No. - 1669 of 2023
 

 
Revisionist :- Sagar Kanojia
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Yashpal Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Heard Sri Yashpal Yadav, learned counsel for the revisionist and Shri Karunakar Singh, learned A.G.A. for the State.

The present criminal revision has been preferred to set-aside the judgment and order dated 15.02.2023 passed by Session Judge, Kanpur Nagar, in Criminal Appeal No. 109 of 2022, under Section 29 of the Protection of Women from Domestice Violence Act, 2005 and order dated 18.08.2022 passed by Metropolitan Magistrate, Kanpur Nagar in complaint case 2186 of 2021, under section 23 of Protection of Women from Domestice Violence Act, 2005, Police Station- Chakeri, District- Kanpur Nagar., whereby the appellate court directed the revisionist to pay Rs. 8,000/- per month to the opposite party no. 2.

Learned counsel for the revisionist submit that the matter is related to matrimonial dispute 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 the they may have a chance to settle their dispute on their own terms through mediation. In order to show his bona fide the revisionist is ready to deposit Rs.20,000/- to be handed over to the opposite party no. 2 on her first 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.25,000/- within fifteen days from today 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. 20,000/- shall be handed over to the opposite party no. 2 on her first appearance by way of demand draft. 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 on 22.08.2023 before the appropriate Bench along with report of the mediator.

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

Order Date :- 26.4.2023

Saurabh