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Allahabad High Court · body

2019 DIGILAW 1978 (ALL)

Mahesh Chandra v. State of UP

2019-08-19

RAJIV JOSHI

body2019
JUDGMENT : 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. It is submitted by learned counsel for the applicants that the present matter relates to a matrimonial dispute between husband and wife and the said matter can be well considered by Mediation Centre of this Court. It is further contended that there are chances of reconciliation between husband and wife, therefore the matter may be referred to the Mediation Centre of this Court. 3. Having considered the arguments advanced across the bar, I have a feeling that Court owes a duty to the society to strive to the utmost to repair the frayed relations between the parties so that the wounded situation may be healed into a healthy rapprochement. The matter had also appears to be one of those cases in which reconciliation should be tried between the disputing parties. 4. It is directed that applicants shall deposit a sum of Rs.20,000/- within three weeks from today with the Mediation Centre, of which Rs. 15,000/- shall be paid to the opposite party no. 2 for appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs. 5000/- shall be retained by the mediation center towards its expenses. 5. The matter is remitted to the Mediation Centre with the direction that same may be decided after giving notices to both the parties. 6. It is directed that Mediation Centre shall decide the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench. 7. Till the next date of listing, further proceedings against the applicants to quash the impugned Bailable Order dated 19.04.2019 (Annexure No. to the affidavit) alongwith summoning order dated 30.10.2018 as well as entire proceedings of Complaint Case No. 1805 of 2019, under Sections 498A, 323, 452, 504, 506 of I.P.C., and 3/4 Dowry Prohibition Act, District Bijnore, pending in the Court of learned Additional Chief Judicial Magistrate, Bijnore, shall be kept in abeyance. 8. After depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.