Allahabad High Court High Court

Sushil Kumar And Others vs State Of U.P. And Another on 2 April, 2010

Allahabad High Court
Sushil Kumar And Others vs State Of U.P. And Another on 2 April, 2010
Court No. - 45

Case :- APPLICATION U/S 482 No. - 9633 of 2010

Petitioner :- Sushil Kumar And Others
Respondent :- State Of U.P. And Another
Petitioner Counsel :- Rajesh Kumar
Respondent Counsel :- Govt. Advocate

Hon'ble Shri Kant Tripathi,J.

1. Heard the learned counsel for the applicants and the learned A.G.A.
and also perused the material on record.

2. The applicants Sushil Kumar, Vijay Shanker and Smt. Sudama have
filed this petition under Section 482, of the Code of Criminal Procedure
for quashing the proceedings of complaint case no. 1798 of 2009 (Smt.
Neelam Vardhan versus Sushil Kumar and others), under Sections 323,
498-A, 504 IPC and 3/4 D.P. Act, pending in the court of Judicial
Magistrate, Varanasi.

3. The dispute is between the husband and wife. Considering the
circumstance that relationship between husband and wife may not
further undergo any bitterness, the matter may be considered for
settlement by process of mediation.

4. The counsel for the applicants states that the applicants are ready for
settling the dispute by mediation and are willing to deposit a sum of Rs.
10,000/- (Rs. Ten Thousand only) towards maintenances and expenses
of the wife (victim) for appearing before the Mediation Centre.

5. Notice on behalf of the State of U.P. and State officials has been
accepted by the A.G.A. Issue notice to respondent no. 2 by registered
post. List for admission after service upon the private respondent.

6. In the meantime, no coercive process shall be issued or executed
against the applicants.

Order Date :- 2.4.2010
ANT