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2014 DIGILAW 2521 (ALL)

Shiv Pujan Ram v. State of U. P.

2014-08-19

ARVIND KUMAR TRIPATHI

body2014
JUDGMENT Hon'ble Arvind Kumar Tripathi, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. Learned counsel for the applicants submitted that it is matrimonial dispute opposite party no.2 is wife of applicant, however due to some misunderstanding, complaint has been filed. The discharge application has already been rejected. He further submitted that if the matter is referred to Mediation and Conciliation Centre then there is chances of compromise in between the parties. 3. Learned A.G.A. opposed the aforesaid prayer. 4. 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 before the court below in favour of Mediation Centre and a draft for a sum of Rs. 5,000/- is deposited in favour of opposite party no.2 Smt. Urmila Devi wife of Shiv Pujan Ram, the matter will be referred to the Mediation Centre situated at District Court, Ghazipur. The aforesaid draft in the name of opposite party no.2 shall be handed over to her on first appearance. 5. Till report of the mediation centre is received, no coercive steps shall be taken against the applicant in complaint case no. 343 of 2012, under Sections 498-A, I.P.C. & 3/4 D.P. Act, P.S. Kotwali, District Ghazipur, pending in the court of Additional Judicial Magistrate, Room No.2, Ghazipur. After receiving the report of the Mediation Centre, if it is found that the matter has been settled between parties then no useful purpose would be served to continue the criminal proceedings hence the same 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. 6. If mediation fails and applicant appears before the court concerned within four weeks and apply for bail, it is expected that the same will be considered and disposed off, expeditiously, in accordance with law, in view of the law laid down by the Full Bench of this Court in the case of Amarawati and another Vs. 6. If mediation fails and applicant appears before the court concerned within four weeks and apply for bail, it is expected that the same will be considered and disposed off, expeditiously, in accordance with law, in view of the law laid down by the Full Bench of this Court in the 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 , after giving opportunity to public prosecutor. 7. With these observations, Application filed under Section 482 Cr.P.C. is finally disposed off.