Research › Search › Judgment

Allahabad High Court · body

2014 DIGILAW 3307 (ALL)

Sandeep Mohan v. State of U. P.

2014-11-07

VIJAY PRAKASH PATHAK

body2014
JUDGMENT Vijay Prakash Pathak, J. Heard learned counsel for the petitioners, learned AGA for the State and learned counsel for the respondent no.2 and perused the record. 2. Present petition has been filed with the prayer to quash the judgment and order dated 22.09.2014 passed by Additional Sessions Judge, Court No.12, Moradabad dismissing the criminal appeal no.59 of 2014 filed by the petitioners against the order dated 21.04.2014 passed by Additional Chief Judicial Magistrate, Court No.6, Moradabad in complaint case no.686 of 2013 (Smt. Renu Gupta Vs. Sandeep Mohan and others), u/s 12 of the Domestic Violence Act, P.S. Chandausi, District Moradabad, by which the petitioner no.1 has been directed to pay Rs.7500/- per month as interim maintenance to the respondent no.2. 3. Learned counsel for the petitioners has submitted that it is a matrimonial dispute between husband and wife and the matter may very well be settled through mediation, hence the matter may be referred to the Mediation Centre of District Court at Moradabad. 4. Considering the entire facts and circumstances of the case, it is provided that if the petitioners move an application within 30 days from today before the court below for mediation along with a draft of Rs.1000/- in favour of Mediation Centre at Moradabad and a draft of Rs.7000/- in favour of Smt. Renu Gupta, respondent no.2, the matter shall be referred to the Mediation Centre situated at district court Moradabad. The aforesaid draft, if deposited, in the name of opposite party no.2, the same shall be handed over to her on her first appearance. The Mediation Centre, Moradabad shall consider the matter in respect of mediation between the parties and shall submit its report to the Magistrate concerned within two months. 5. Till report of the Mediation Centre is received, no coercive action shall be taken against the petitioners. 6. After receiving the report/settlement of Mediation Centre, the learned Magistrate shall proceed in the matter in accordance with law. With aforesaid observations, the petition is finally disposed off.