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Danish Hashmi And 2 Ors vs State Of U.P. And Another on 12 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 73

Case :- APPLICATION U/S 482 No. – 31339 of 2019

Applicant :- Danish Hashmi And 2 Ors

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

Counsel for Applicant :- Mohd Nasir

Counsel for Opposite Party :- G.A.,Ram Kumar Dubey

Hon’ble Om Prakash-VII,J.

The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the order dated 17.2.2018 passed in complaint case no. 1841 of 2015 under Section 406 IPC, Police Station Chakeri, District – Kanpur Nagar.

Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and the learned AGA appearing for the State.

It is submitted by the learned counsel for the applicants that it is a matrimonial dispute. It is further submitted that the applicants are ready to settle the dispute through mediation and the matter be referred to the District Mediation and Conciliation Centre at Kanpur Nagar. Learned counsel for the opposite party no.2 is also in agreement with the said submissions.

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.5000/- before the Mediation and Conciliation Centre of the concerned district within a period of four weeks from today in the name of opposite party no.2 by way of demand draft / pay order payable at Kanpur Nagar. If the applicants move an application for referring the matter to the concerned District Mediation and Conciliation Centre within the aforesaid period, 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 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 :- 12.9.2019

safi

 

 

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