Court No. - 47 Case :- APPLICATION U/S 482 No. - 20726 of 2010 Petitioner :- Ramesh And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Ali Hasan,Ishtiyaq Ali Respondent Counsel :- Govt. Advocate Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicants and learned A.G.A and perused the
material on record.
The instant application has been filed by the applicants with a prayer that the
criminal proceeding of the criminal case no. 3556 of 2009, under Sections
498A, 323, 504, 506 I.P.C. read with section 3/4 Dowry Prohibition Act , P.S.
Newaria, District Jaunpur may be quashed.
From the perusal of the record it appears that on the basis of the evidence
collected by the I.O. during investigation prima facie offence under the
aforesaid sections is made out, therefore, the prayer for quashing the criminal
proceeding is refused.
It is further contended by the learned counsel for the applicants that this case
may be sent to Mediation Centre for the purpose of settlement between the
parties for which the applicants are ready to deposit the cost.
Considering the submission made by the learned counsel for the applicants, it
is directed that applicants shall deposit Rs. 10,000/- within two weeks from
today in the account head of Registrar General, Mediation and Conciliation
Centre, Allahabad High Court, Allahabad. In case, the aforesaid amount is
deposited the notice shall be issued to O.P. No.2 returnable within a period of
four weeks. The two third of the above mentioned deposited amount shall be
paid to O.P. No. 2 as expenses and this case shall be sent to Mediation Centre
for further proceedings.
This case be listed before the appropriate Bench in the week commencing
16th August 2010.
Till then no coercive step shall be taken against the applicants in criminal case
no. 3556 of 2009, under Sections 498A, 323, 504, 506 I.P.C. read with section
3/4 Dowry Prohibition Act , P.S. Newaria, District Jaunpur pending in the
court of Judicial Magistrate 1st, Court no. 17, Jaunpur in case, the receipt of
the aforesaid deposited amount is filed before the court concerned.
Order Date :- 15.6.2010
Manoj