Allahabad High Court
Abu Jaish And Others vs State Of U.P. & Another on 16 July, 2010
Court No. - 28 Case :- APPLICATION U/S 482 No. - 15121 of 2010 Petitioner :- Abu Jaish And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Vinay Kumar Singh,Capt. Seema Singh Respondent Counsel :- Govt.Advocate Hon'ble Rajesh Dayal Khare, J.
Heard learned counsel for the applicant and the learned AGA for the State- respondents.
Supplementary affidavit filed on behalf of the applicants today in Court, which has been taken on record in which injury report of opposite party no.2 has been filed, and it is contended that all the injuries are simple in nature and that applicant no.1 (husband) and opposite party no.2 (wife) are willing to settle the matter before the mediation centre of this Court. It is further contended that there are chances of reconciliation between the husband and wife, therefore, the matter may be referred to the Mediation Centre. It is directed that the applicant shall deposit a sum of Rs.8,000/- within three weeks from today with the Mediation and Conciliation Centre of which 50% shall be paid to the opposite party No.2 for appearance before the Mediation Centre.
The matter is remitted to the Mediation Centre with the direction that the same may be decided after giving notices to both the parties. It is directed that the Mediation Centre shall decide the matter expeditiously preferably within a period of four months. Thereafter the case shall be listed before the appropriate Court on 19.10.2010.
Till the next date of listing, further proceedings against the applicants in Complaint Case No.1377 of 2009 (Maheparha Vs. Abu Jaish and others), under Sections 498-A, 323, 506 IPC, pending before the Judicial Magistrate, First Class, Azamgarh, shall be kept in abeyance, provided the applicant deposits the amount as stated above.
After depositing the aforesaid amount, notice shall be issued to the parties and in case, the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated. Order Date :- 16.7.2010 Hasnain