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Manoj Bhagat & Ors. vs State Of U.P. & Anr. on 1 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- U/S 482/378/407 No. – 7209 of 2019

Applicant :- Manoj Bhagat Ors.

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

Counsel for Applicant :- Puttu Lal Misra

Counsel for Opposite Party :- G.A.

Hon’ble Rajeev Singh,J.

Heard learned counsel for the parties and perused the record.

This application has been filed under Section 482 Cr.P.C. for quashing the impugned summoning order dated 09.11.2017 and Non-Bailable Warrant order dated 16.09.2019 passed by Judicial Magistrate-I, Lucknow in Complaint Case No. 3044 of 2016, Computerised Case No. 2134 of 2016, under Sections 323, Section504, Section379 I.P.C., P.S. Cantt, District Lucknow.

Learned counsel for the applicants submitted that there is a matrimonial dispute between the applicants and the opposite party No.2 and he further submitted that on the written complaint of the opposite party No.2, the F.I.R. No. 168 of 2013, under Sections 498A, 323, 504, 507, 406, 352 I.P.C., P.S. Ashiyana, District Lucknow was registered on 20.05.2013 and after the investigation the charge sheet was filed and the trial is going on.

Learned counsel for the applicants further submitted that from the wedlock of the applicant No.1 and the opposite party No.2, one daughter was born and she is residing with the applicants and now she is aged about 18 years and merely to victimize the applicants the false complaint has been filed by the opposite party No.2 against the applicants which was registered as Compliant Case No. 3044 of 2016 and after recording the statements under Sections 200 and Section202 Cr.P.C., the summoning order was passed by the court below on 09.11.2017.

Learned counsel for the applicants prayed that in case, the matter be send to the Mediation Center, there is a possibility for proper settlement.

Learned A.G.A. has no objection in case the matter is send to the Mediation Center.

Considering the facts and circumstances of the case, let the matter be place before the Mediation Center on 21.10.2019.

The S.H.O., P.S. Ashiyana, District Lucknow shall ensure the presence of the opposite party No.2 on the next date of listing.

For the aforesaid purpose, the Applicant No.1 shall deposit a sum of Rs. 50,000/- in the Mediation Center, out of which a sum of Rs.45,000/- shall be given to the opposite party No.2 and rest Rs. 5,000/- shall be retained by the Mediation Center.

List before this court after conclusion of mediation proceedings.

Issue notice to the opposite party No.2, returnable at an early date.

Steps be taken within a week.

Till the next date of listing, the impugned proceedings shall remain stayed.

In case, the aforesaid amount is not deposited within stipulated period, the interim order granted shall be vacated automatically.

Order Date :- 1.10.2019

S. Shivhare

 

 

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