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Amarjeet and Others vs State of U.P. and Another

Allahabad High Court · Decided on 16 January 2014 · Citation: (2014) 01 AHC CK 0142

HON’BLE JUDGES
Arvind Kumar Tripathi, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Dowry Prohibition Act, 1961 — Section 3 4 · Penal Code, 1860 (IPC) — Section 323 498A 504 506
RESULT
Disposed Off
CASE NUMBER
Application No. 1265 of 2014
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Judgment

7 paragraphs · 395 words

Arvind Kumar Tripathi, J.—The present application u/s 482 Cr.P.C. has been filed with the prayer to quash the complaint case No. 2417 of 2012, under sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Kopaganj, District Mau and further prayer is to stay the proceeding of aforesaid complaint case. Heard learned counsel for the applicants, learned AGA for the State and perused the record.

2.

Learned counsel for the applicants submitted that due to some misunderstanding, complaint was filed. 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 AGA opposed 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 applicants within 30 days from today before the court below and Rs. 1,000/- is deposited in cash within three weeks from today before the court below in favour of Mediation Centre and a draft for a sum of Rs. 4,000/- is deposited in favour of opposite party No. 2, Smt. Sumitra, the matter will be referred to the mediation centre situated at district court Mau. The aforesaid draft in the name of opposite party No. 2 shall be handed over to her on her first appearance.

5.

Till report of the mediation centre is received, no coercive steps shall be taken against the applicants.

6.

After receiving the report/settlement of Mediation Centre, if it is found that the matter has been settled between the parties then no useful purpose would be served to continue the criminal proceedings hence the same may be dropped in view of the judgement of Apex Court in case of B.S. Joshi and Others Vs. State of Haryana and Another, .

7.

However, if mediation fails and applicants appear before the courts below within 30 days and apply for bail, it is expected that the same will be considered and disposed off expeditiously, in view of the principles laid down by Full Bench of this Court in case of Amarawati and Another (Smt.) Vs. State of U.P., and by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. and Others, . With these observations, application filed u/s 482 Cr.P.C. is finally disposed off.