Allahabad High Court
Mohammad Iqbal And 5 Others vs State Of U.P. And Another on 29 March, 2023
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- APPLICATION U/S 482 No. - 10498 of 2023 Applicant :- Mohammad Iqbal And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Prashant Sharma, the learned counsel for applicants and the learned A.G.A. for State.
2. Perused the record.
3. At the very outset, the learned counsel for applicants submits that he be permitted to amend the prayer clause of this application by seeking a challenge to the Cognizance Taking Order/Summoning order dated 21.11.2022, passed by Chief Judicial Magistrate, Amroha,in Case No. 6085 of 2022 (State Vs. Iqbal and others) under sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station- Didauli, District Amroha, as due to inadvertence, the same cannot be impugned in present application.
4. Prayer made by learned counsel for applicant is bonafide. Same is not opposed by learned A.G.A.
5. Accordingly it is allowed.
6. Let necessary amendment in the prayer clause of this application be carried out by learned counsel for applicant during course of the day.
7. Challenge in this application under Section 482 Cr.P.C. is to the charge sheet dated 26.8.2022, submitted in Case Crime No. 289 of 2022, under sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station- Didauli, District Amrohaunder sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station- Didauli, District Amroha, the Cognizance Taking Order/Summoning order dated 21.11.2022, passed by Chief Judicial Magistrate, Amroha, in Case No. 6085 of 2022 (State Vs. Iqbal and others) under sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station- Didauli, District Amroha as well as the entire proceedings of aforementioned case now pending in the Court of Chief Judicial Magistrate, Amroha.
8. Learned counsel for applicants submits that dispute between the parties is a matrimonial dispute which has been dragged into criminal litigation. Almost all the family members of applicant-1 have been dragged into criminal litigation as is evident from the complaint filed by complainant/opposite party-2. Applicant-1 is husband, applicant-2 is father-in-law, applicant-3 is mother-in-law, applicant-4 is Nanad, applicant-5 is Devar, applicant-6 is maternal father-in-law of opposite party-2. He, however, submits that looking into the nature of the controversy involved, in case, the matter is referred for mediation, parties may get an opportunity to amicably settled their dispute outside the Court. He further submits that in view of the peculiar facts and circumstances of the case, matter be referred to the Mediation and Conciliation Centre, High Court, Allahabad.
9. Accordingly, the matter is referred to the Mediation and Conciliation Centre, High Court, Allahabad.
10. The applicants are directed to deposit a sum of Rs. 25,000/- 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 ten days from today. After deposit of the aforesaid amount, the Mediation Centre shall send a notice to the opposite party no. 2 to appear before the Mediation and Conciliation Centre of this Court on the date fixed in the notice. Out of aforesaid amount, a sum of Rs. 20,000/- shall be payable to the opposite party no. 2 on her appearance before the Mediation and Conciliation Centre. The balance amount of Rs. 5,000/- shall be retained by the Mediation Centre towards cost of Mediation. The Mediation Centre shall submit its report in the matter within three months.
11. Notice on behalf of opposite party 1 has been accepted by learned A.G.A.
12. Issue notice to opposite party 2.
13. All the opposite parties may file their respective counter affidavits within a period of four weeks. Rejoinder affidavit may be filed by applicants within two weeks thereafter.
14. List after 3 months along with the report of Mediation Centre.
15. In view of the facts as noted above and the fact that the dispute between the parties is a matrimonial dispute and therefore the matter has been referred for mediation at the Mediation and Conciliation Centre, High Court, Allahabad, as an interim measure it is provided that till the next date of listing no coercive action shall be taken against applicants in Case No. 6085 of 2022 (State Vs. Iqbal and others) under sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station- Didauli, District Amroha now pending in theChief Judicial Magistrate, Amroha.
16. However, it is provided that if the amount, as directed above, is not deposited by the applicants within the aforesaid period, the protection granted to the applicants shall automatically come to an end and the office shall immediately list this case as fresh for further orders before the Court.
Order Date :- 29.3.2023 Arshad