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Shiv Kumar Dubey vs State Of U.P. And Another on 20 August, 2019


?Court No. – 68

Case :- APPLICATION U/S 482 No. – 31419 of 2019

Applicant :- Shiv Kumar Dubey

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

Counsel for Applicant :- Rahul Sahai

Counsel for Opposite Party :- G.A.

Hon’ble Vivek Varma,J.

By means of this application, applicant has prayed for quashing the entire proceeding of Complaint Case No. 8093 of 2018 (Mrityunjay Chaturvedi Vs. Shiv Kumar Dubey and others), under Sections 498A, Section323, Section504 IPC at Police Station Kotwali City, District Mirzapur pending in the court of Addl. Civil Judge (Jr. Div.)/ Judicial Magistrate, Court No.3, Mirzapur as well as summoning order dated 05.07.2019.

Heard learned counsel for the applicants and learned AGA for the State.

At present, prima facie, it does appear that the present criminal proceedings do arise out of the matrimonial dispute between the applicant and the daughter of opposite party no.2. Therefore, it further appears, if the parties were to be offered assistance of mediation, they may be able to resolve their differences and bring an end to all disputes and differences between them, amicably.

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

Considering the submission made by learned counsel for the applicant it is directed that applicant shall deposit Rs.20,000/- within three 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 Opposite Party No.2 returnable within a period of four weeks. Out of the said deposited amount, Rs. 15,000/- shall be paid to the daughter of opposite party no.2 as expenses, balance Rs. 5,000/- shall be retained by the mediation center towards its expenses and this case shall be sent to Mediation Center of this Court 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. However, if bail application is filed by the applicant, the same shall be decided in accordance with law.

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 a 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, the stay order shall automatically come to an end.

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

Order Date :- 20.8.2019




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