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Gopal Mishra & Ors vs State Of U.P. & Anr. on 15 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 13

Case :- U/S 482/378/407 No. – 7262 of 2019

Applicant :- Gopal Mishra Ors

Opposite Party :- State Of U.P. Anr.

Counsel for Applicant :- Neeraj Kumar Saxena,Arvind Kumar Shukla,Gaurav Saxena,Lalla Ram Chauhan,Rishi Saxena

Counsel for Opposite Party :- G.A.

Hon’ble Dinesh Kumar Singh,J.

1. Issue notice to respondent No.2.

Steps to be taken within a period of three days.

2. The present petition has been filed under Section 482 Cr.P.C. to quash the summoning order dated 23.06.2018 passed by learned Special Additional Chief Judicial Magistrate, CBI (AP), Lucknow on charge-sheets dated 02.09.2017 and 19.05.2018: Case No.41234 of 2018 in Case Crime No.161 of 2016 under Sections 498A, Section504, Section506, Section406 IPC, 3/4 SectionDowry Prohibition Act, Police Station Mahila Thana, District Lucknow.

3. Learned counsel for the petitioners submits that the dispute and the criminal proceedings are result of matrimonial discord. Petitioner No.2 who happens to be the husband of respondent No.2, lives in Japan for their livelihood. The marriage has not survived and there is possibility of matter getting settled amicably if the same is referred to the Mediation and Conciliation Centre of this Court.

4. Considering the aforesaid facts, let this case be referred to Mediation and Conciliation Centre of this Court. Petitioner No.2 and respondent No.2 are directed to appear before the Mediation and Conciliation Centre of this Court on 06.11.2019. Petitioner No.2 is directed to deposit a sum of Rs.50,000/- with the Mediation and Conciliation Centre of this Court. Out of the said amount, Rs.40,000/- shall be released in favour of respondent No.2 on her appearance before Mediation and Conciliation Centre of this Court.

5. Learned Mediator(s) is/are request to make his/her all out efforts to get the matter settled.

6. List this case after the receipt of mediation report.

7. Till the next date of listing of the case, proceedings of the summoning order dated 23.06.2018 passed by learned Special Additional Chief Judicial Magistrate, CBI (AP), Lucknow on charge-sheets dated 02.09.2017 and 19.05.2018: Case No.41234 of 2018 in Case Crime No.161 of 2016 under Sections 498A, Section504, Section506, Section406 IPC, 3/4 SectionDowry Prohibition Act, Police Station Mahila Thana, District Lucknow shall remain stayed.

Order Date :- 15.10.2019

prateek

 

 

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