Allahabad High Court
Sandeep Jaiswal And Others vs State Of U.P.And Another on 10 February, 2011
Author: Yogesh Chandra Gupta
Bench: Yogesh Chandra Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- APPLICATION U/S 482 No. - 222 of 2011 Petitioner :- Sandeep Jaiswal And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- Sanjay Kumar Gupta,Deepak Jaiswal Respondent Counsel :- Govt.Advocate Hon'ble Yogesh Chandra Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. appearing for the State and perused the record.
The present petition under Section 482 Cr.P.C. has been filed for quashing the criminal proceedings of complaint case No.1172 of 2010, under Sections-498A, 323 I.P.C. & 3/4 D.P. Act, pending in the Court of Judicial Magistrate, 1st, Allahabad.
Learned counsel for the applicants submits that there is nothing of the sort as alleged in the complaint, in reality no dowry was ever demanded. Learned counsel for the applicants makes a request for sending the matter to the Mediation and Conciliation Center of this Court, so that suitable compromise may be arrived at between the parties.
In view of the submissions, I feel that it may serve the purpose and shall be in the interest of both the sides if the parties are given an opportunity to ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law where it takes years and years to conclude and in that process the parties lose their "young" days in chasing their "cases" in different courts.
Accordingly the matter is referred to the Mediation Center of this Court. The applicant No.1 shall deposit Rs.10,000/- within ten days from today with Mediation Center by way of Bank draft drawn in favour of Mediation Center, High Court, Allahabad. It is made clear that this amount is mainly for the purpose of expenses to be borne by the opposite party No.2, namely-Smt. Deep Shikha Jaiswal, for herself and for the person escorting her to attend the Mediation Sessions at Allahabad. However, a sum of Rs. 2000/- may be kept for being utilized by Mediation Center. It is further directed that Rs.8,000/- shall be paid over to opposite party no.2 on her appearing before the Mediation Center on the date fixed. Upon deposit of Bank draft, as directed above, the office shall issue notice within one week to opposite party No.2 i.e. wife calling upon her to appear in Mediation Center at High Court, Allahabad on the date, to be indicated in the said notice, stating therein that the amount of Rs.8,000/- deposited by the applicant No.1 shall be delivered to the opposite party No.2 in the Mediation Center on the date fixed. The said notice shall be sent through C.J.M. concerned for service on the opposite party. No.2. It goes without saying that both the parties shall appear either on the date fixed or on a future dates as may be agreed before Mediation Center for reconciliation.
The Center shall submit a report within one month from the date of parties appearing before it for reconciliation. The case shall be listed in second week of April 2011 alongwith report of Mediation Center.
In the meanwhile, no coercive steps shall be taken against the applicants. In case, the applicant No.1 fails to deposit Rs.10,000/- as directed above, or in appearing before Mediation Center on the date or dates fixed, the interim order shall cease to be operative. Mediation Center shall immediately inform the office of this Court which in turn shall list the case within a week before the Bench concerned for appropriate order.
It may be clarified that the case will not be treated as tied up to this Bench and shall be listed before the appropriate Bench.
Copy of this order will not be issued unless steps are taken.
Order Date :- 10.2.2011 NS