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Indrish vs State Of U.P. And Anr on 12 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 73

Case :- APPLICATION U/S 482 No. – 26401 of 2019

Applicant :- Indrish

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

Counsel for Applicant :- Pradeep Kumar

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. 1026 of 2015 and the order dated 11.1.2017 under Section 406 IPC, Police Station Nichlaul, District – Maharajganj pending in the court of Additional Chief Judicial Magistrate, Maharajganj.

Heard learned counsel for the applicant and the learned AGA appearing for the State.

It is submitted by the learned counsel for 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 Maharajganj.

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 applicant to deposit Rs.5000/- 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 Maharajganj. If the applicant moves an application for referring the matter to the concerned District Mediation and Conciliation Centre within twenty days 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.

For a period of six months from today, or till the report of the District Mediation Centre is received, whichever is earlier, no coercive action shall be taken against the applicant in the aforementioned case.

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

Order Date :- 12.7.2019

safi

 

 

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