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2016 Supreme(All) 2048
ALLAHABAD HIGH COURT
Om Prakash-VII, J.
Anwar Ali And 6 Ors. - Appellant
Versus
State of U.P. And Anr. - Respondent
Application U/S 482 No. - 6799 of 2016
Decided On : 03-03-2016
For the Petitioner: Ram Kumar Dubey.
For the Respondent: G.A.
The court can utilize its inherent jurisdiction under Section 482 Cr.P.C. to facilitate mediation and stay proceedings in cases involving domestic violence, emphasizing expeditious resolution and the avoidance of coercive action until the mediation report is received.
Headnote:
Section 482 Cr.P.C. - Quashing of Proceedings - Mediation - Domestic Violence - The court directed the applicants to deposit a certain amount for mediation and stay the proceedings of the case. It also instructed the Mediation Centre to conclude the matter expeditiously and ordered no coercive action against the applicants until the mediation report is received. If the matter is settled through mediation, the court shall pass appropriate order in accordance with the law.
Fact of the Case:
The applicants sought to quash the proceedings of a case under sections 498-A I.P.C. and Section 3/4 D.P. Act pending in the Court of Additional Chief Judicial Magistrate Court No. 6, Moradabad, and requested a stay on further proceedings. They also proposed mediation as a means of settling the matter.
Finding of the Court:
The court directed the applicants to deposit a certain amount for mediation, stay the proceedings, and instructed the Mediation Centre to conclude the matter expeditiously. It also ordered no coercive action against the applicants until the mediation report is received. If the matter is settled through mediation, the court shall pass appropriate order in accordance with the law.
Issues: Quashing of proceedings, mediation, stay on further proceedings, coercive action against the applicants, settlement through mediation, and appropriate order by the court.
Ratio Decidendi: The court utilized the inherent jurisdiction under Section 482 Cr.P.C. to facilitate mediation and stay the proceedings, emphasizing the expeditious conclusion of the matter and the avoidance of coercive action until the mediation report is received.
Final Decision: The application was finally disposed of, subject to the directions given regarding mediation, stay on proceedings, and further action based on the mediation report.
Om Prakash-VII,J.
Heard learned counsel for the applicants and learned A.G.A.
2. The applicants, through the present application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to quash the entire proceedings of the case no. 3673 of 2015 (Smt. Hasarat Jahan Vs. Anwar Ali and others) under sections 498-A I.P.C. and Section 3/4 D.P. Act P.S. Mahila Thana, Distt. Moradabad pending in the Court of Additional Chief Judicial Magistrate Court No. 6, Moradabad. Further prayer has been made to stay the further proceedings of the aforesaid complaint case.
3. Learned counsel for the applicants submits that this matter can be settled through the process of Mediation.
4. In view of the above, the applicants are directed to deposit Rs.2,500/- before the Mediation and Conciliation Centre of the concerned district within a period of three weeks from today in the name of opposite party no.2 by way of demand draft / pay order payable at Moradabad If the applicants move an application for referring the matter to the concerned District Mediation and Conciliation Centre, the Court concerned shall refer the matter to the District Mediation and Conciliation Centre and the amount so deposited shall be paid to the opposite party no.2 on her appearance before the concerned District Mediation and Conciliation Centre.
5. It is directed that the concerned Mediation Centre shall conclude the matter expeditiously preferably within a period of six months, after giving notices to both the parties.
6. Till the report of the District Mediation Centre is received, no coercive action shall be taken against the applicants in the aforementioned case.
7. After receiving the report of the Mediation Centre, if it is found that the matter has been settled between the parties, the court concerned shall pass appropriate order in the matter in accordance with law.
8. Subject to the aforesaid directions, this application is finally disposed of.
