Allahabad High Court
Paritosh Raj Sharma And 2 Others vs State Of U.P. And Another on 20 May, 2022
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 86 Case :- APPLICATION U/S 482 No. - 6703 of 2022 Applicant :- Paritosh Raj Sharma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A.,Surendra Narayan Mishra Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application has been filed with a prayer to quash the impugned charge sheet dated 06.08.2021 as well as cognizance order dated 20.09.2021 and entire proceeding of Criminal Case No. 27034 of 2021 (State vs. Paritosh Raj Sharma and others) arising out of Case Crime No. 150 of 2021, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District-Moradabad pending in the court of Additional Civil Judge (Junior Division)/F.T.C. Crime Against Women, Moradabad.
The contentions raised by the applicants' counsel is that there is a dispute in between the parties. There are chances of amicable settlement between the parties. Applicants' counsel urged that this case may be referred for mediation so that the parties may have a chance to settle their dispute on their own terms through mediation.
In such circumstances, it is directed that both the parties shall appear before the court below and file an application for settling the dispute through mediation. In case such an application is filed before the court below for settling the dispute through mediation, the court concerned shall pass an appropriate order within a week from the date of filing such an application. The mediation centre will decide the same within a period of four months.
For a period of five months, no coercive steps shall be taken against the applicants in the above mentioned case.
It is further directed that in case mediation process between the parties fails, the court below shall be free to proceed further with the matter against the applicants and in case mediation succeeds, the applicants shall be free to approach this Court.
With the above observation, this application is disposed of.
Order Date :- 20.5.2022/SY