Allahabad High Court
Abu Zeeshan Haider vs State Of U.P.And Another on 15 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. - 11035 of 2022 Applicant :- Abu Zeeshan Haider Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Abhishek Upadhyay,Anirudh Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Case No. 660 of 2022 arising out of chargesheet dated 09.01.2022, cognizance order dated 31.01.2022 in Case Crime No.202 of 2021 under Sections 498A, 323, 504, 506, 509, 420, 511 I.P.C., Section 4 D.P. Act and 3/4 of Muslim Women (Protection of Right on Marriage) Act, Police Station-Loni, District-Ghaziabad pending in the Court of learned A.C.J.M.-I, Ghaziabad.
From perusal of the record, it appears that applicant is the husband of opposite party no.2.
Learned counsel for the applicant 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 all the parties that the matter 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 applicant is 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 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. 25,000/-, Rs. 20,000/- 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, irrespective of the outcome, the applicant shall be at liberty to file a fresh application under Section 482 Cr.P.C. alongwith mediation report for quashing of the proceedings pending against them.
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 applicant in the aforesaid case.
It is made clear 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 to proceed further, in accordance with law.
In case, the opposite party does not appear before the Mediation Centre, the money deposited by the applicant, payable to the opposite party as per direction of the Court, shall be returned to the applicant, on a written application made by him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 15.7.2022 Madhurima