Allahabad High Court
Gaurav Mishra And 2 Others vs State Of U.P. And Another on 22 July, 2019
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- APPLICATION U/S 482 No. - 28056 of 2019 Applicant :- Gaurav Mishra And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manvendra Singh,Shrawan Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Shri Amit Mishra, learned Advocate has filed his Vakalatnama today on behalf of opposite party No. 2, which is taken on record.
Heard learned counsel for the applicants, learned counsel for opposite party No.2 and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge sheet dated 29.1.2019, cognizance order dated 23.5.2019 as well as entire proceedings of Criminal Case No. 1762 of 2019 (State vs. Gaurav Mishra and others) arising out of Case Crime No. 521 of 2018 under sections 498-A, 323, 406, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Prem Nagar, District Bareilly pending in the court of learned ACJM-IInd, Bareilly.
It is submitted by the learned counsel for the applicants that there is a matrimonial dispute between the parties. Applicants are willing to settle the matter through mediation, therefore, an opportunity be granted to the parties concerned for reconciliation/settlement of their disputes by way of mediation.
This Court owes a duty to the society to strain to utmost to repair the frayed relations between the husband and wife, so that wounded situation may be healed into healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties.
The Apex Court in case of B.S. Joshi Vs. State of Haryana; 2003 (4) SCC 675 has also observed that courts to encourage settlement of marital disputes between the contesting spouses, so that they do not lose their youthful years in chasing interminable litigations.
In view of above, I agree with the submission advanced on behalf of the applicants and feel that the interest of justice would be served, if such request of the applicants is acceded to and the criminal proceedings and other litigations between the parties concerned is brought to an end.
The matter is referred to Mediation & Conciliation Centre of this Court. The applicant No. 1, namely, Gaurav Mishra (husband) is directed to deposit a sum of Rs. 25,000/- by way of demand draft in favour of Registrar General, Allahabad High Court Mediation & Conciliation Centre within a period of two weeks from today to the In-charge Mediation and Conciliation Centre, High Court, Allahabad. After deposit of the aforesaid money by the applicant No. 1, office shall send a notice to the opposite party no.2 fixing a date to appear before the Mediation and Conciliation Centre of this Court.
Out of aforesaid amount, a sum of Rs. 23,000/- shall be payable to the opposite party no.2, namely, Smt Neha Dubey on her appearance before the Mediation and Conciliation Centre. The remaining amount of Rs. 2,000/- shall be payable to the Mediation Centre. The Mediation Centre will submit its report in the matter within two months.
All the opposite parties may file counter affidavit, if any, within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List immediately after expiry of two months before the appropriate Bench alongwith the report of Mediation and Conciliation Centre, High Court, Allahabad.
Till the next date of listing, further proceedings against the applicants in the aforesaid case shall remain stayed subject to following conditions:-
(i) The applicant No. 1 after deposit of aforesaid amount within the said period shall submit a proof of deposit of said amount before the concerned court below.
(ii) In case, the said amount, as directed above, is not deposited by the applicant No. 1 within the aforesaid period, the stay order passed by this Court shall automatically come to an end and it will be open for the concerned court below to proceed against the applicants.
Order Date :- 22.7.2019 Sumaira