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Allahabad High Court

Navi Sher And Another vs State Of U.P.And Another on 6 January, 2010

Court No. - 54

Case :- APPLICATION U/S 482 No. - 33557 of 2009

Petitioner :- Navi Sher And Another
Respondent :- State Of U.P.And Another
Petitioner Counsel :- M.K. Singh
Respondent Counsel :- Govt. Advocate

Hon'ble Rajesh Dayal Khare,J.

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

Learned counsel for the applicants has submitted that the present matter is a matrimonial matter and the said matter can be well considered by the Mediation and Conciliation 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.5,000/- within two 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 7th April, 2010.

Till the next date of listing, further proceedings against the applicants in criminal case no. 1320 of 2009 (Smt. Farhad v Gulam Navi & others) under Sections 498-A IPC and 3/4 of the Dowry Prohibition Act, PS Kashganj, District Kashi Ram Nagar pending before the Chief Judicial Magistrate, Kashi Ram Nagar, shall be kept in abeyance, provided the applicants 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 :- 6.1.2010 sk