Allahabad High Court
Nadeem Siddiqui @ Nadeem Khan And 3 ... vs State Of U.P. And Another on 22 July, 2022
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- APPLICATION U/S 482 No. - 21508 of 2022 Applicant :- Nadeem Siddiqui @ Nadeem Khan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Kumar Singh,Harsh Narayan Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Prashant Kumar Singh, learned counsel for the applicants and Mr. Mayank Awasthi, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 23.03.2021 as well as cognizance/summoning order dated 19.07.2021 and the entire proceeding of Case No.5874/IX of 2021 (State Vs. Nadeem Siddiqui and others), arising out of Case Crime No.208 of 2020, under Sections 498A, 308, 342, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station-Naraini, District-Banda, pending in the Court of Chief Judicial Magistrate, Banda.
From perusal of the record, it appears that the applicant nos. 1 to 4 are the husband, father-in-law, mother-in-law, brother-in-law (Devar) of opposite party no.2, respectively.
Learned counsel for the applicants submits that the dispute between the parties is a matrimonial dispute and in case, the matter is referred for mediation, the parties may get an opportunity to amicably settle their dispute. He, therefore, submits that in view of the peculiar facts and circumstances of the present case, it will be in the interest of both the parties that the matter may be referred for mediation to the Mediation Centre, High Court, Allahabad.
Learned A.G.A. has no objection to this proposition.
In view of the above, the matter is referred to Mediation & Conciliation Centre of this Court. The applicants are directed to deposit a sum of Rs. 30,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within a period of four weeks from today. After deposit of the aforesaid amount, office shall immediately send a notice to the opposite party no.2 calling upon her to file counter affidavit. Out of Rs. 30,000/-, Rs. 25,000/- shall be payable to the opposite party no.2 on her appearance before the Mediation and Conciliation Centre and remaining Rs. 5,000/- shall be payable to the Mediation and Conciliation Centre.
It is also directed that the aforesaid mediation proceedings be completed within a period of six months from the date of production of a certified copy of this order.
It is, however, provided that after completion of the mediation proceedings, whatever may be the outcome, the applicants shall be at liberty to file a fresh application under Section 482 Cr.P.C. along with mediation report for quashing of the proceedings.
For a period of six months from today or till completion of the mediation proceedings, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
If the amount, as directed above, is not deposited by the applicants within the aforesaid period, the stay order shall automatically come to an end and the mediation centre shall immediately inform the concerned office, who in turn, shall send a notice to the concerned court below, who shall proceed further in accordance with law.
In case, the opposite party does not appear before the Mediation Centre, the money deposited by the applicant/applicants, payable to opposite party, as per direction of the Court, shall be returned to the applicant/applicants on a written application made by him/her.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 22.7.2022 Rahul.