Allahabad High Court High Court

Chandra Pal vs State Of U.P. & Others on 10 August, 2010

Allahabad High Court
Chandra Pal vs State Of U.P. & Others on 10 August, 2010
Court No. - 53

Case :- APPLICATION U/S 482 No. - 25629 of 2010

Petitioner :- Chandra Pal
Respondent :- State Of U.P. & Others
Petitioner Counsel :- V.P.Gupta
Respondent Counsel :- Govt. Adovcate

Hon'ble Shri Kant Tripathi,J.

1. The petitioner Chandra Pal has filed this petition under section 482 of the
Code of Criminal Procedure for quashing the proceedings of Criminal
Complaint Case 2444 of 2009 (Smt. Munni v Chandra Pal), under section
498-A IPC P.S. Rajabpur, District JP Nagar.

2. 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.

3. The counsel for the petitioner states that the petitioner is ready for settling
the dispute by mediation and is willing to deposit a sum of Rs. 8000/- (Rs.
Eight Thousand only) towards maintenance and expenses of the wife (victim)
for appearing before the Mediation Centre.

4. Notice on behalf of the State of U.P. and State officials has been accepted
by the AGA. Issue notice to respondent no. 2 (Smt. Munni) by registered post.
List for admission after service upon the private respondent.

5. In the meantime, no coercive process shall be issued or executed against the
petitioner.

6. 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 petitioner deposits the Bank Draft atleast of
the aforesaid amount in favour of the wife (victim).

Order Date :- 10.8.2010
shailesh