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Nand Kishore Alias Anuj vs State Of U.P. And Another on 20 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- APPLICATION U/S 482 No. – 31434 of 2019

Applicant :- Nand Kishore Alias Anuj

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

Counsel for Applicant :- Ashwini Kumar Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Vivek Varma,J.

Connect with Application U/S 482 SectionCr.P.C. No.16409 of 2019 (Nand Kishore @ Anuj and 2 others).

Heard Sri Ashwini Kumar Srivastava, learned counsel for the applicant and learned A.G.A. for the State.

This application has been filed by the applicant with the prayer to quash the entire proceeding of Complaint Case No.36 of 2019 (Smt. Aarti vs. Nand Kishore @ Anuj) under Section 406 I.P.C., Police Station Bahsooma, District Meerut, pending in the court of Judicial Magistrate, Mawana and summoning order dated 30.5.2019. Further prayer has been made to stay the aforesaid case.

Learned counsel for the applicant submits that there is fair possibility of mediation between the parties and efforts can be made to this effect. He further submits that this case may be sent to the Mediation Center of this Court for the purpose of settlement between the parties for which the applicant is ready to deposit the cost.

Learned A.G.A. has no objection to this proposition.

Considering the submission made by learned counsel for the applicant, it is directed that petitioner shall deposit Rs.20,000/- within two weeks from today in the account head of the Registrar General, Mediation and Conciliation Centre, Allahabad High Court. In case the aforesaid amount is deposited, notice shall be issued to O.P. No.2 returnable within a period of four weeks. Out of the said deposited amount, Rs.15,000/- shall be paid to O.P. No.2 as expenses and this case shall be sent to Mediation Center for further proceeding, who shall submit its report within two months thereafter.

For a period of two months from today or till the submission of the report by the Mediation Centre, no coercive action shall be taken against the applicant in the aforesaid case.

In the eventuality of mediation being successful, parties would be at liberty to file suitable application seeking quashment of the proceedings and in case, the mediation fails, the applicant shall be at liberty to file fresh application under Section 482 Cr.P.C. In case the amount as directed above, is not deposited by the applicant within the aforesaid period, this stay order shall automatically come to an end.

With the above observation, this petition is finally disposed off.

Order Date :- 20.8.2019

Ajeet

 

 

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