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Sudhir Agarwal And Another v. State Of U.p. And Another

Sudhir Agarwal And Another v. State Of U.p. And Another

(High Court Of Judicature At Allahabad)

APPLICATION U/S 482 No. - 20545 of 2022 | 15-07-2022

Shree Prakash Singh, J.

1. Heard learned counsel for the applicants and the learned A.G.A.

2. Instant application has been filed with the prayer to with prayer to quash of the complaint dated 21.9.2020 Anita Vs. Sudhir Agarwal and others and summoning order dated 24.11.2021 passed by the Judicial Magistrate-II, Saharanpur in Complaint Case No.9124 of 2020, Smt. Anita Vs. Sudhir Agarwal and others under Sections 406, 323, 504 I.P.C. P.S. Sadar Bazar, District Saharanpur and also to quash the entire proceedings of the aforementioned case. Further prayer is stay the further proceedings of the aforementioned complaint case.

3. It is submitted by learned counsel for the applicants that the present matter relates to matrimonial dispute, which may be amicably settled by way of mediation and conciliation, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court.

4. Issue notice to the opposite party no.2, returnable at an early date. Steps may be taken within a week.

5. In view of the above, it is directed that applicants shall deposit a sum of Rs.30,000/- within two weeks from today with the Mediation Centre of this Court out of which Rs.20,000/- shall be paid to the opposite party no.2, on the date fixed, for her appearance before the Mediation Centre and Rs.10,000/- shall be retained by the Mediation Centre as mediation fee.

6. The matter is remitted to the Mediation Centre with the direction that after deposit of such amount, by the applicants, it shall issue notice to the parties fixing some date for mediation and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months.

7. List after expiry of aforesaid period before the appropriate Bench along with the report of Mediation Centre.

8. Till the next date of listing, further proceedings in the above mentioned Complaint Case No.9124 of 2020 as regards the applicants shall remained stayed.

9. It is made clear that in case there occurs default by the applicants either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter.

Advocate List
  • Virendra Kumar

  • G.A.

Bench
  • Hon'ble Justice Shree Prakash Singh
Eq Citations
  • LQ
  • LQ/AllHC/2022/11320
Head Note

Constitution of India — Arts.226 and 136 — Quashing of criminal proceedings — Matrimonial dispute — Quashing of complaint filed under Ss.406, 323 and 504 IPC — Matter remitted to Mediation Centre for amicable settlement