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2016 Supreme(All) 2055
ALLAHABAD HIGH COURT
Om Prakash-VII, J.
Sarfaraj Ahmad And 5 Others - Appellant
Versus
State of U.P. And Another - Respondent
Application U/S 482 No. - 6891 of 2016
Decided On : 03-03-2016
For the Petitioner: Mithilesh Kumar Gupta.
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 appropriate cases.
Headnote:
Section 482 Cr.P.C. - Quashing of proceedings - Mediation - Domestic violence case
Fact of the Case:
The applicants sought to quash the proceedings of a domestic violence case and requested for a stay on further proceedings, proposing settlement through mediation.
Finding of the Court:
The court directed the applicants to deposit a sum of money for mediation and stay the proceedings. It also ordered that no coercive action shall be taken against the applicants until the mediation report is received.
Issues: Quashing of proceedings, settlement through mediation, stay on further proceedings
Ratio Decidendi: The court utilized the inherent jurisdiction under Section 482 Cr.P.C. to facilitate mediation and stay the proceedings in a domestic violence case.
Final Decision: The application was finally disposed of with the directions for mediation and stay on coercive action.
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. 1614 of 2014 ( Shabanam Vs. Sarfaraj Ahmad and others) under sections 498-A, 323 I.P.C. P.S. Mahila Thana, Distt. Ghazipur pending in the Court of Chief Judicial Magistrate, Ghazipur. 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.5,000/- 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 Ghazipur. 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.
