Court No. - 45 Case :- APPLICATION U/S 482 No. - 33896 of 2009 Petitioner :- Atul Sharma And Others Respondent :- State Of U.P.And Another
Petitioner Counsel :- Girish Kumar Yadav
Respondent Counsel :- Govt. Advocate
Hon’ble Vijay Kumar Verma,J
Heard learned counsel for the applicants and A.G.A.
It is submitted that there was a matrimonial dispute between the parties and
because of that a criminal case has been lodged at Criminal Case No. 890 of
2009 (State of U.P. Vs. Atul Sharma & others), arising out of Case Crime No.
330 of 2009 under Sections 498-A, 323, 324, 504, 506 I.P.C. & 3/4 Dowry
Prohibition Act , P. S. Hayat Nagar, District Moradabad.
The applicants’ counsel has made a prayer that matter be referred to the High
Court Mediation Centre for reconciliation between the parties as there are
chances to settle the dispute by the parties.
The matter is, therefore, with the consent of the applicants referred to the
Mediation Centre, Allahabad High Court. The applicants will deposit Rs.
5,000/-, within three weeks before the Mediation Centre by bank draft in the
name of Smt.Asha ,w/o Atul Sharma payable at Moradabad and Rs 2,500/-
will be deposited in Mediation Centre High Court within the aforesaid period.
The said bank draft shall be handed over to Smt. Asha on her appearing
before the Mediation Centre towards her expenses for attending mediation
sessions.
The Registry will send a notice through the CJM concerned within a week
fixing 05.04.2010 for appearance of Smt. Asha before the Mediation Centre at
Allahabad High Court and it shall be mentioned in the notice that the bank
draft of Rs. 5,000/- deposited by the applicants shall be handed over to her
when she appears before the Centre. On that date, and on any future dates as
directed by the Centre, the husband and the wife aforesaid will appear before
the Centre.
The Registry will send information of this order to the Mediation Centre
within a week.
The centre shall submit a report to this Court within one month from the date
of appearance of the parties before it.
In case of any default by the husband in making the appearances before the
Mediation Centre on the dates fixed or making the aforesaid payment as
directed above, the stay granted by this order shall stand automatically
vacated forthwith.
Let this case be listed on 4.5.2010 along with the report of the Mediation
Centre.
Till the next date of listing, further proceedings in the aforesaid case shall
remain stayed.
In case there is any default by the applicants as above, the Mediation Centre
should immediately communicate this fact to the office and office will list the
case within a week before the Bench concerned, which may pass order for
vacation of the order.
On the next date, the case will not be treated as tied up to this Bench and shall
be listed before the appropriate Bench.
Copy of this order will not be issued unless steps are taken.
Order Date :- 11.1.2010
RS.