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2015 Supreme(All) 2781
ALLAHABAD HIGH COURT
Pankaj Naqvi, J.
Vikram Singh And 2 Ors. - Appellant
Versus
State of U.P. And Another - Respondent
Application U/S 482 No. 26485 of 2015
Decided On : 04-09-2015
For the Petitioner: Irshad Ahmad.
For the Respondent:Govt. Advocate.
Courts may encourage settlement through mediation in matrimonial matters and can use their inherent powers under Section 482 Cr.P.C. to facilitate the mediation process.
Headnote:
Section 482 Cr.P.C. - Matrimonial Matter - Settlement by way of Mediation
Fact of the Case:
The applicants filed a Section 482 Cr.P.C. application to quash proceedings of a matrimonial complaint case pending in the Court of Judicial Magistrate, Jyotiba Phule Nagar (Amroha). The applicants expressed willingness for settlement through mediation.
Finding of the Court:
The court referred the matter to the Mediation and Conciliation Centre and directed the applicants to deposit a specified amount for mediation. The court stayed further proceedings of the complaint case until the next date of listing.
Issues: Matrimonial dispute, settlement through mediation, quashing of proceedings under Section 482 Cr.P.C.
Ratio Decidendi: The court emphasized the option of settlement through mediation in matrimonial matters and exercised its power under Section 482 Cr.P.C. to facilitate the mediation process.
Final Decision: The court directed the matter to be referred to mediation, stayed further proceedings, and ordered the applicants to deposit a specified amount for mediation.
Pankaj Naqvi, J.
Heard learned counsel for the applicants and learned A.G.A.
2. The instant Section 482 Cr.P.C. application has been filed for quashing the proceedings of Complaint Case No. 1516 of 2014, under Sections 498-A, 323, 504, 506 IPC and Section 4 D.P. Act at P.S. Mahila Thana, District Jyotiba Phule Nagar (Amroha) pending in the Court of Judicial Magistrate, Jyotiba Phule Nagar (Amroha).
3. It is a matrimonial matter. Learned counsel for the applicants states that the applicants are prepared for settlement by way of mediation. The matter is referred to Mediation and Conciliation Centre of this Court. The applicants shall deposit Rs. 15,000/- by way of demand draft in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre, within three weeks from today before the Mediation Center. The said amount shall be handed over to opposite party no.2 on the date fixed before the Centre.
4. Issue notice to O.P no. 2. He may file counter affidavit within a month. Rejoinder, if any, may be filed within a week thereafter.
List in the week commencing 14.12.2015.
5. Till the next date of listing, further proceedings of Complaint Case No. 1516 of 2014, under Sections 498-A, 323, 504, 506 IPC and Section 4 D.P. Act at P.S. Mahila Thana, District Jyotiba Phule Nagar (Amroha) pending in the Court of Judicial Magistrate, Jyotiba Phule Nagar (Amroha) shall remain stayed.
6. Office shall issue certified copy of this order only upon furnishing proof of said deposit.
