Allahabad High Court
Rajendra Misra @ Rajiv Kumar And Others vs State Of U.P. And Another on 2 April, 2010
Court No. - 45 Case :- APPLICATION U/S 482 No. - 9540 of 2010 Petitioner :- Rajendra Misra @ Rajiv Kumar And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- S.N. Yadav,Bhaiya Ram Maurya Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
1. The applicants Rajendra Misra @ Rajiv Kumar, Ram Prakash Misra and Smt. Sarala Devi have filed this petition under Section 482, of the Code of Criminal Procedure for quashing the proceedings of Case No. 1144 of 2010 (Smt. Seema Misra Vs. Rajendra Misra & others), under Sections 18, 19, 20, 21, 22, 23 Protection of Women from Domestic Violence Act, 2005, P.S. Shikohabad, District-Firozabad, pending in the court of the Judicial Magistrate-I, Firozabad.
2. The dispute is between the husband and wife. Considering the circumstances that relationship between husband and wife may not further undergo any bitterness, the matter may be considered for settlement by process of mediation.
3. The counsel for the applicants states that the applicants are ready for settling the dispute by mediation and are willing to deposit a sum of Rs. 8000/- (Rs. Eight Thousand only) towards maintenance and expenses of the wife (victim) for appearing before the Mediation Centre.
4. Notice on behalf of the State of U.P. and State officials have been accepted by the A.G.A. Issue notice to respondent no. 2 (Smt. Seema Misra) by registered post. List for admission after service upon the private respondent.
5. In the meantime, no coercive process shall be issued or executed against the applicants.
6. The question of referring the case to the Mediation Centre will be considered after service upon the private respondent. It is made clear that in case the private respondent agrees for referring the case to the Mediation Centre then it will be referred to the Mediation Centre and the stay order will be further continued only if the applicants deposit the Bank Draft at least of the aforesaid amount in favour of the wife (victim).
Order Date :- 2.4.2010 ANT