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Chaitan And Another vs State Of U.P. And Another on 11 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 73

Case :- APPLICATION U/S 482 No. – 30583 of 2019

Applicant :- Chaitan And Another

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

Counsel for Applicant :- Shiv Shankar Pd Gupta,Girijesh Kumar Gupta

Counsel for Opposite Party :- G.A.

Hon’ble Om Prakash-VII,J.

The present Application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceedings of complaint case no. 992 of 2019 (Smt. Pinki Vs. Chetan and others) and the summoning order dated 6.6.2019, under Section 406 IPC, Police Station Babugarh, district Hapur pending in the court of Civil Judge (Sr. Division)/F.T.C., Hapur.

Heard learned counsel for the applicant and the learned A.G.A. appearing for the State.

It is submitted by the learned counsel of the applicant that the applicant is ready to settle the dispute through Mediation and the matter be referred to the District Mediation and Conciliation Centre at Hapur.

Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties and keeping in view the willingness shown by the applicants, the present application is disposed of with a direction to the applicants to deposit Rs. 5,000/- before the Mediation and Conciliation Centre of the concerned district within a period of six weeks from today in the name of opposite party no. 2 by way of demand draft/pay order payable at Hapur. If the applicants move an application for referring the matter to the concerned District Mediation and Conciliation Centre within the same period from today, the Court concerned shall refer the matter to the District Mediation and Conciliation Centre and the amount so deposited shall be paid to the opposite party no. 2 on her/his appearance before the concerned District Mediation and Conciliation Centre. The concerned Mediation Centre shall conclude the matter expeditiously, preferably within a period of six months after giving notices to both the parties. After receiving the report of the Mediation Centre, if it is found that the matter has been settled between the parties, the Court concerned shall pass appropriate order in the matter in accordance with law.

Till the report of the District Mediation Centre is received, no coercive action shall be taken against the applicants in the aforementioned case.

Subject to the aforesaid directions, this application is finally disposed of.

Order Date :- 11.9.2019

Sachdeva

 

 

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