HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- APPLICATION U/S 482 No. – 31427 of 2019
Applicant :- Ankit Singhal And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Rashmi Srivastava
Counsel for Opposite Party :- G.A.
Hon’ble Vivek Varma,J.
Heard Ms. Rashmi Srivastava, learned counsel for the applicants and learned A.G.A. for the State.
This application has been filed by the applicants with a prayer to quash the impugned summoning order dated 16.10.2018 passed by learned Additional Chief Judicial Magistrate, Court No.7, Ghaziabad (now transferred to Additional Chief Judicial Magistrate (S.D)-II, Ghaziabad New No.2069 of 2019, as well as entire proceeding of Complaint Case No.1074 of 2017 (Smt. Sanchika Aggrawal vs. Ankit Singhal and others), under Section 406 I.P.C., Police Station Indirapuram, District Ghaziabad. Further prayer has been made to stay the aforesaid case.
Learned counsel for the applicant submits that there is fair possibility of mediation between the parties and efforts can be made to this effect. He further submits that this case may be sent to the Mediation Center of this Court for the purpose of settlement between the parties for which the applicants are ready to deposit the cost.
Learned A.G.A. has no objection to this proposition.
Considering the submission made by learned counsel for the applicants, it is directed that applicants shall deposit Rs.20,000/- within two weeks from today in the account head of the Registrar General, Mediation and Conciliation Centre, Allahabad High Court. In case the aforesaid amount is deposited, notice shall be issued to O.P. No.2 returnable within a period of four weeks. Out of the said deposited amount, Rs.15,000/- shall be paid to O.P. No.2 as expenses and this case shall be sent to Mediation Center for further proceeding, who shall submit its report within two months thereafter.
For a period of two months from today or till the submission of the report by the Mediation Centre, no coercive action shall be taken against the applicants in the aforesaid case.
In the eventuality of mediation being successful, parties would be at liberty to file suitable application seeking quashment of the proceedings and in case, the mediation fails, the applicants shall be at liberty to file fresh application under Section 482 Cr.P.C. In case the amount as directed above, is not deposited by the applicants within the aforesaid period, they stay order shall automatically come to an end.
With the above observation, this petition is finally disposed off.
Order Date :- 20.8.2019