Allahabad High Court
Zubair Khan And 3 Others vs State Of Up And Another on 16 September, 2019
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- APPLICATION U/S 482 No. - 33509 of 2019 Applicant :- Zubair Khan And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Heard Sri Sandeep Kumar Srivastava, learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceeding of Complaint Case No.1441 of 2018 (Rubina Vs. Zubai and others), under Sections 452, 354, 323, 325, 504 and 506 I.P.C., Police Station Amroha Nagar, District J.P. Nagar (Amroha) pending in the Court of Judicial Magistrate-II, J.P. Nagar (Amroha) as well as summoning order dated 24.12.2018. Further prayer has been made to stay the further proceeding of the aforesaid complaint case.
It is submitted that the applicant no.1 was married with opposite party no.2 on 17.01.2016 and it is a matrimonial dispute. It is further submitted that there is fair possibility of mediation between the parties and efforts can be made to this effect. He also submits that this case may be sent to the Mediation Center of this Court for the purpose of settlement between the parties for which the applicants are ready to deposit the cost.
Learned A.G.A. has no objection to this proposition.
Considering the submission made by learned counsel for the applicants, it is directed that applicants shall deposit Rs.20,000/- within two weeks from today in the account head of the Registrar General, Mediation and Conciliation Center, Allahabad High Court. In case the aforesaid amount is deposited, notice shall be issued to O.P. No.2 returnable within a period of four weeks. Out of the said deposited amount, Rs.15,000/- shall be paid to O.P. No.2 as expenses and this case shall be sent to Mediation Center for further proceeding, who shall submit its report within two months thereafter.
After proceedings of the Mediation Center, list this case after three months before the appropriate Court on 18.12.2019 along with report of Mediation Centre.
Till then, no coercive step shall be taken against the applicants in Complaint Case No.1441 of 2018 (Rubina Vs. Zubai and others), under Sections 452, 354, 323, 325, 504 and 506 I.P.C., Police Station Amroha Nagar, District J.P. Nagar (Amroha) in case the receipt of the aforesaid deposited amount is filed before the court concerned.
However, it is provided that in case the amount, as directed by this Court, is not deposited in time, the benefit of interim order shall not be available to the applicants and the case shall be listed before this Court immediately after two weeks as supplementary fresh.
Order Date :- 16.9.2019 Ajeet