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Allahabad High Court · body

2016 DIGILAW 3700 (ALL)

Jai Prakash Tripathi v. State of U. P.

2016-11-11

OM PRAKASH VII

body2016
JUDGMENT Om Prakash-VII,J. The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of case no. 487 of 2013 (Smt. Gayatri Tripathi Vs. Jai Prakash Tripathi and others) under Sections 498-A, 323 and 3/4 Dowry Prohibition Act, Police Station Soraon, District Allahabad, pending in the court of Judicial Magistrate-I, Allahabad. Heard learned counsel for the applicants and the learned AGA appearing for the State. It is submitted by the learned counsel for the applicants that it is a matrimonial dispute. It is further submitted that the applicants are ready to settle the dispute through mediation and the matter be referred to the District Mediation and Conciliation Centre at Allahabad. Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties and keeping in view the willingness shown by the applicants, the present application is disposed of with a direction to the applicants to deposit Rs.4000/- before the Mediation and Conciliation Centre of the concerned district within a period of three weeks from today in the name of opposite party no.2 by way of demand draft / pay order payable at Allahabad. If the applicants move an application for referring the matter to the concerned District Mediation and Conciliation Centre, the Court concerned shall refer the matter to the District Mediation and Conciliation Centre and the amount so deposited shall be paid to the opposite party no.2 before the concerned District Mediation and Conciliation Centre. The concerned Mediation Centre shall conclude the matter expeditiously, preferably within a period of six months after giving notices to both the parties. After receiving the report of the Mediation Centre, if it is found that the matter has been settled between the parties, the court concerned shall pass appropriate order in the matter in accordance with law. Till the report of the District Mediation Centre is received, no coercive action shall be taken against the applicants in the aforementioned case. Subject to the aforesaid directions, this application is finally disposed of.