Allahabad High Court
Jagatveer Singh And 5 Ors vs State Of U.P. 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. - 33485 of 2019 Applicant :- Jagatveer Singh And 5 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar Mishra,Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
By means of this application, applicants have prayed for quashing of the entire proceedings of Complaint Case No. 836 of 2019 (Asha Kumari Vs Jagatveer and others), under Sections 498-A IPC, P.S. Mandi Dhanaura, District Amroha, pending in the court of IIIrd ACJM, Amroha as well as the summoning order dated 25.2.2019, passed by learned IIIrd Addl. Chief Judicial Magistrate, Amroha.
Heard learned counsel for the applicants and learned AGA.
It is contended by learned counsel for the applicants that applicant no. 1 is husband, applicant no. 2 is jeth, applicant no. 3 Dewar, applicant no. 4 is jethani, applicant no. 5 is mother in law and applicant no. 6 is unmarried nanad of opposite party no. 2. It is further submitted that present proceedings have been launched in a counter blast to the proceedings launched under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. It is further submitted that there is fair possibility of mediation between the parties and efforts can be made to this effect. He further 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 Centre, 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.
For a period of two months from today or till the submission of the report by the mediation centre, no coercive action shall be taken against the applicants in Complaint Case No. 836 of 2019 (Asha Kumari Vs Jagatveer and others), under Sections 498-A IPC, P.S. Mandi Dhanaura, District Amroha, pending in the court of IIIrd ACJM, Amroha. However, if bail application is filed by the applicants, the same shall be decided in accordance with law.
In the eventuality of mediation being successful, parties would be at liberty to file suitable application seeking quashment of the proceedings and in case, the mediation fails, the applicants shall be at liberty to file a fresh application under Section 482 Cr.P.C.
In case, the amount as directed is not deposited by the applicants within the aforesaid period, the stay order shall automatically come to an end.
With the above observation, this petition is finally disposed off.
Order Date :- 16.9.2019 RavindraKSingh