Court No. - 53 Case :- APPLICATION U/S 482 No. - 25636 of 2010 Petitioner :- Ram Prakash And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Arun Kumar Singh Respondent Counsel :- Govt. Adovcate Hon'ble Shri Kant Tripathi,J.
1. Heard the learned counsel for the applicants and the learned AGA for the
State and perused the record.
2. The applicants (Ram Prakash, Guru Prasad and Shanti Devi) have filed this
petition under section 482 of the Code of Criminal Procedure for quashing the
proceedings of Case No. 785 of 2007 (State Vs. Ram Prakash and others)
arising out of case crime no. 14 of 2007, under sections 498A, 323, 504, 506
IPC and section 3/4 of the Dowry Prohibition Act, P.S. Mahila Thana, District
Allahabad pending in the court of the Chief Judicial Magistrate Allahabad.
3. The dispute is between the husband and wife. Considering the
circumstances 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 state that the applicants are ready for settling
the dispute by mediation and are willing to deposit a sum of Rs. 8,000/- (Rs.
Eight thousand only ) towards maintenance 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 AGA. Issue notice to respondent no.2 (Arjun Singh ) 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.
7. The question of referring the case to the Mediation Centre will be
considered after service upon the private respondent. It is made clear that in
case the private respondent agrees for referring the case to the Mediation
Centre then it will be referred to the Mediation Centre and the stay order will
be further continued only if the applicants deposit the Bank Draft at least of
the aforesaid amount in favour of the wife (victim).
Order Date :- 10.8.2010
MTA