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Azaz Ahmad & Others vs State Of U.P. & Another on 26 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 32

Case :- U/S 482/378/407 No. – 5282 of 2019

Applicant :- Azaz Ahmad Others

Opposite Party :- State Of U.P. Another

Counsel for Applicant :- Arjun Singh “Kalhans”

Counsel for Opposite Party :- Govt. Advocate

Hon’ble Narendra Kumar Johari,J.

Heard Sri Arjun Singh “Kalhans”, learned counsel for the petitioner and Sri Prem Prakash, Advocate appearing for the opposite parties.

The application under Section 482 Cr.P.C. has been filed by the applicant for quashing the charge-sheet No. 01 of 2017 dated 07.04.2018 filed in case crime No. 498A, 323, 406, 506 SectionIPC Section 3/4 of D.P.Act, P.S. Aashiyana, District Lucknow.

the learned counsel for the applicant submitted that the applicant No. 1 is husband and applicant No. 2 is father-in-law and applicant no. 3 is the mother-in-law of the complainant. The learned counsel for the applicant has further submitted that this case is out come of matrimonial dispute which may be settled by way of mediation. Hence the matter be referred to the mediation center by this Court.

The learned AGA also submitted that the appropriate direction may be issued in this matter.

Considering the above submission along with the evidence and material on record as well as facts and circumstances of the case, it is directed that:-

1. In case that the applicant No. 1 deposit Rs. 25000/- before mediation and conciliation center of High Court within a period of two weeks from today, the mediation center shall issue the notice to the opposite party No. 2. On the appearance of the opposite party No. 2 before the mediation agency, an amount of Rs. 20,000/- shall be given to her out of the aforesaid deposit amount.

2. The mediation proceedings shall be concluded within the period of three months from the date of initiation of the proceedings.

3. In case the mediation succeeds, the parties may file settlement agreement if any, before the court concerned who shall thereafter consider disposal of the case on the basis of compromise and the court concerned may also pass appropriate order in this regard after giving opportunity of hearing to the parties.

In case the applicant No. 1 do not deposit the aforesaid amount within the stipulated period or mediation fails, the applicants will face regular process of the court i.e. bail etc. For this purpose if applicants appear before the Court concerned within 15 days from the date of conclusion of mediation proceedings and apply for bail then in that case their bail application shall be heard and decided expeditiously, considering the law laid down in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon’ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

In case failure of mediation, the applicant No. 1 will also be entitled to adjust the above paid amount Rs. 20,000/- against the amount payable to opposite party No. 2. For the above period of two weeks, during the pendency of mediation proceedings and two weeks thereafter no coercive steps shall be taken against the applicant in the aforesaid case.

With the aforesaid direction the application is finally disposed of.

Order Date :- 26.7.2019

C. MANI

 

 

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