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2014 DIGILAW 164 (ALL)

Naim @ Naimuddin v. State of U. P.

2014-01-13

ARVIND KUMAR TRIPATHI

body2014
JUDGMENT Arvind Kumar Tripathi, J: - The present application under section 482 Cr.P.C. has been filed with the prayer to quash the entire proceeding in Complaint Case No.402/2012 under sections 498A, 323, 504, 506 I.P.C and 3/4 D.P.Act, PS.Delhigate, District Aligarh and to stay the proceeding of the aforesaid case. 2. Heard learned counsel for the applicants, learned AGA for the State and perused the record. 3. Learned counsel for the applicants submitted that due to some misunderstanding, first information report was lodged. He further submitted that if the matter will be referred to Mediation and Conciliation Centre then there is chances of compromise in between the parties. 4. Learned AGA opposed aforesaid prayer. 5. Considered the submission of counsel for the parties and nature of allegation. In the interest of justice, and in view of the facts and circumstances, if an application is moved on behalf of applicant within 30 days from today before the court below and Rs.1,000/- is deposited in cash within three weeks from today before the court below in favour of Mediation Centre and a draft for a sum of Rs.4000/- is deposited in favour of opposite party no.2 Smt.Roshani the matter will be referred to the mediation centre situated at district court Aligarh. The aforesaid draft in the name of opposite party no.2 shall be handed over to her on her first appearance. 6. Till report of the mediation centre is received, no coercive steps shall be taken against the applicants. 7. After receiving the report/settlement of Mediation Centre, if it is found that the matter has been settled between the parties then no useful purpose would be served to continue the criminal proceedings hence the same may be dropped in view of the judgement of Apex Court in case of B.S.Joshi Vs. State of Haryana 2003(4)SCC Page 675. 8. However, if the mediation fails, the applicants appear before the courts below within thirty days and apply for bail, it is expected that the same will be considered and disposed off expeditiously, if possible on the same day in view of the principles laid down by Full Bench of this Court in case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALE-390 and by the Apex Court in Lal Kamlendra Pratap Singh v. State of U.P. reported in 2009 (4) SCC 437 . 9. State of U.P., reported in 2004(57) ALE-390 and by the Apex Court in Lal Kamlendra Pratap Singh v. State of U.P. reported in 2009 (4) SCC 437 . 9. With these observations, application filed under Section 482 Cr.P.C. is finally disposed off.