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Allahabad High Court · body

2025 DIGILAW 179 (ALL)

Vimla Devi v. State of U. P.

2025-02-06

VIKAS BUDHWAR

body2025
JUDGMENT : Vikas Budhwar, J. 1. Heard learned counsel for the applicants as well as learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties. 2. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of Case No. 68 of 2024 (State Vs. Ashish Bhartiya and others), arising out of Case Crime No. 374 of 2022, under Sections 452, 354(ka), 323, 504 IPC and the impugned summoning/cognizance summoning order dated 20.01.2024 passed by learned Additional Civil Judge (J.D.), Court no. 21, Allahabad. 3. The contention of the learned counsel for the applicants is that the applicants no. 3 and 4 are concerned, they are the son of the applicant nos. 1 and 2 and as per para 22 of the application, they are cousins of opposite party no. 2. They submits that the allegations are leveled against them with relation to the offences purported to be under Section 452, 354(ka), 323, 504 IPC, in case, the matter is referred to Mediation and Conciliation Centre, High Court, Allahabad there are bright chances and all possibilities that the issue being settled between the parties and as obviously this matter emanates from the matrimonial dispute. 4. Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court with the following directions (conditions):- (a) The applicant nos.1 and 2 is directed to deposit a sum of Rs 20,000/- by way of demand draft in favour of Registrar General, Allahabad High Court Mediation & Conciliation Centre within a period of two weeks from today to the In charge Mediation and Conciliation Centre, High Court, Allahabad. (b) After deposit of the aforesaid money by the applicant nos.1 and 2, office shall send a notice to the opposite party no.2 fixing a date to appear before the Mediation and Conciliation Centre of this Court. (c) Out of aforesaid amount, a sum of Rs 10,000/- shall be payable to the opposite party no.2 on her appearance before the Mediation Centre. A sum of Rs. 3,000/- shall be payable to the Mediation Centre. (d) The rest amount of Rs 7000/- shall be abide by the outcome of mediation. (e) In case, mediation succeeds, the above amount Rs 7000/- (rest amount) shall be adjusted accordingly. (f) In case, mediation fails, the said amount Rs. A sum of Rs. 3,000/- shall be payable to the Mediation Centre. (d) The rest amount of Rs 7000/- shall be abide by the outcome of mediation. (e) In case, mediation succeeds, the above amount Rs 7000/- (rest amount) shall be adjusted accordingly. (f) In case, mediation fails, the said amount Rs. 7000/- (rest amount) shall be returned to the applicant no.1 within two weeks from the date of final order passed by the mediation centre. (g) The Mediation Centre will submit its report in the matter within two months. 5. In addition to the same issue notice to the opposite party no. 2. 6. All the opposite parties may file counter affidavit, if any, within four weeks. Rejoinder, if any, may be filed within two weeks thereafter. 7. List this case on 12.05.2025 in the additional cause list before the appropriate Bench along with the report of Mediation and Conciliation Centre, High Court, Allahabad. 8. Till the next date of listing, the further proceedings in Case No. 68 of 2024 (State Vs. Ashish Bhartiya and others), arising out of Case Crime No.374 of 2022, under Sections 452, 354(ka), 323, 504 IPC and the impugned summoning/ cognizance summoning order dated 20.01.2024 passed by learned Additional Civil Judge (J.D.), Court no. 21, Allahabad in so far as it pertains to the applicants shall remain stayed. 9. It is made clear that in case, the said amount, as directed above, is not deposited by the applicants and any condition so entrusted upon the applicants is not complied with within the aforesaid period, the interim protection granted by this Court shall automatically come to an end and it will be open for the concerned court below to proceed against the applicants in accordance with law.