Allahabad High Court
Ajai Saxena @ Alok And Others vs State Of U.P.And Another on 13 January, 2010
Author: Vijay Kumar Verma
Bench: Vijay Kumar Verma
Court No. - 45 Case :- APPLICATION U/S 482 No. - 33915 of 2009 Petitioner :- Ajai Saxena @ Alok And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- Umesh Shankar Respondent Counsel :- Govt. Advocate Hon'ble Vijay Kumar Verma,J.
Heard learned counsel for the applicants and A.G.A. It is submitted that there was a matrimonial dispute between the parties and because of that a criminal case has been lodged at Case No. 1822 of 2006 arising out of Case Crime No. 230 of 2006 (State Vs. Ajai Saxena & others), under Sections 498-A, 323, 504 IPC & 3/ 4 D.P. Act, P.S. Quila, District Bareilly, pending in the Court of Additional Chief Judicial Magistrate-VIII Bareilly.
In view of the aforesaid, I am of the view that an attempt should be made for reconciliation between the parties.
The matter is, therefore, with the consent of the applicants referred to the Mediation Centre, Allahabad High Court. The applicants will deposit Rs. 5,000/-, within three weeks before the Mediation Centre by bank draft, in the name of Smt. Tanuja Saxena w/o Ajai Saxena payable at Bareilly and Rs. 2500/- will be deposited in Mediation Centre within the aforesaid period. The said bank draft shall be handed over to her on her appearing before the Mediation Centre towards her expenses for attending mediation sessions with her escort.
The Registry will send a notice through the CJM concerned within a week fixing 05.04.2010 for appearance of the wife before the Mediation Centre at Allahabad High Court and it shall be mentioned in the notice that the bank draft of Rs. 5,000/- deposited by the applicants shall be paid to her when she appears before the Centre. On that date, and on any future dates as directed by the Centre, the husband and wife will appear before the Centre. The Registry will send information of this order to the Mediation Centre within a week.
The Centre shall submit a report to this Court within one month from the date of appearance of the parties before it.
In case of any default by the husband in making the appearances before the Mediation Centre on the dates fixed or making the aforesaid payment as directed above, the stay granted by this order shall stand automatically vacated forthwith.
Let this case be listed on 04.05.2010 along with the report of the Mediation Centre.
Till the next date of listing, further proceedings in the aforesaid case shall remain stayed.
In case there is any default by the applicants as above, the Mediation Centre should immediately communicate this fact to the office and office will list the case within a week before the Bench concerned, which may pass order for vacation of the order.
On the next date, 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 :- 13.1.2010 v.k.updh.