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2014 DIGILAW 2298 (ALL)

Ashish Kumar @ Deepak v. State of U. P.

2014-08-02

ARVIND KUMAR TRIPATHI

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JUDGMENT Hon'ble Arvind Kumar Tripathi, J. List revised. Heard learned counsel for the applicants, learned AGA for the State and perused the record. No counter affidavit has been filed. 2. The present application under section 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 24.8.2013 passed by Additional Judicial Magistrate, Auriay, in complaint case no.197 of 2013, under section 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Dibiapur, District Auraiya and further prayer is to stay the proceeding of aforesaid complaint case. 3. Learned counsel for the applicants submitted that it is matrimonial dispute. The applicant no.1 is husband of complainant. There are two daughters from the wedlock of applicant no.1 and complainant, however, due to some misunderstanding, complaint was filed. He further submitted that if the matter is 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 applicants 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.5000/- is deposited in favour of opposite party no.2, Smt. Renu, the matter will be referred to the mediation centre situated at district court Auariya. 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 proceeding of aforesaid complaint case shall stand dropped in view of the judgement of Apex Court in case of B.S.Joshi Vs. State of Haryana 2003(4) SCC Page 675, and the present order passed by this Court. 8. State of Haryana 2003(4) SCC Page 675, and the present order passed by this Court. 8. However, if mediation fails and applicants appear before the courts below within 30 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) ALR-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. Interim order, if any, stands discharged.