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Ashish Dwivedi And 2 Others vs State Of U.P. And Another on 20 September, 2017


?Court No. – 31

Case :- APPLICATION U/S 482 No. – 22740 of 2017

Applicant :- Ashish Dwivedi And 2 Others

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Sharique Ahmed

Counsel for Opposite Party :- G.A.

Hon’ble Mukhtar Ahmad,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

This application has been moved with the prayer to quash the criminal proceedings as well as order dated 24.8.2016  passed by Additional Chief Judicial Magistrate, Auraiya in case No.1902 of 2016 arising out of Case Crime No. 139/2015 under Section 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station- Mahila Thana, District-Auraiya. Further proceedings of the aforesaid case are also prayed to be stayed.

Learned Counsel for the applicant submits that it is a matrimonial dispute and there is every likelyhood of settlement of dispute amicable if the matter be referred to Mediation Centre.

In view of the aforesaid, I am of the view that an attempt should be made for reconciliation between the parties.

The matter is, therefore, with the consent of the learned counsel for the applicants, referred to the Mediation Centre, High Court, Allahabad, for which, the applicant no.1 (husband) shall deposit a sum of Rs. 10,000/- (Rs. Ten thousand) within 15 days from today before the Mediation Centre, out of which  Rs. 8,000/-(Rs. eight thousand) shall be paid to opposite party no.2 (Smt. Nidhi Dubey) on her first appearance before Mediation Centre towards her expenses for attending mediation sessions. The balance amount of Rs. 2,000/- shall be deposited in the Mediation Centre.

The Registry shall send notice through C.J.M. concerned within one week fixing a date for appearance of the wife (Smt.Nidhi Dubey) before the Mediation Centre at Allahabad High Court and it shall be mentioned in the notice that Rs.8,000/- deposited by the applicant no.1 shall be paid to her when she appears before the Centre.

The Registry will send information of this order to the Mediation Centre within a week.

Till the next date of listing, the arrest of the applicants in the aforesaid case shall remain stayed.

In case of any default by the applicants in making the appearance before the Mediation Centre on the dates fixed or making the aforesaid payment as directed above, the stay granted by this order shall stand automatically vacated forthwith.

List this matter after two months along with report of the Mediation Centre.

Order Date :- 20.9.2017




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