Court No. - 47 Case :- APPLICATION U/S 482 No. - 20686 of 2010 Petitioner :- Parvesh And Another Respondent :- State Of U.P. & Another Petitioner Counsel :- S.M.Khalid Respondent Counsel :- Govt. Advocate Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the
record.
The present application has been filed by the applicants Parvesh and Rajendra
with a prayer that the charge-sheet dated 24.1.2010 as well as entire
proceeding of Case No. 207 of 2010 (State vs. Parvesh and others) arising out
of Case Crime No. 1329 of 2009, under section 3/4 D.P. Act, P.S. Anwala,
District- Bareilly pending in the court of Judicial Magistrate- Ist Anwala,
Bareilly may be quashed.
From perusal of the record, it appears that the opposite party No.2 filed a
complaint under Section 156(3) Cr.P.C. against the applicants on account of
some family and matrimonial dispute in between the parties. 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 of quashing of
the charge-sheet is refused.
It is contended by the learned counsel for the applicants, that opposite party
No.2 is the father of the girl who has filed a complaint under Section 156(3)
Cr.P.C. and FIR was registered against applicants under Section 3/4 D.P. Act.
After investigation, the charge-sheet was submitted on 24.1.2010. There are
chances of amicable settlement between the parties, therefore, this matter may
be sent for mediation, where the parties shall settle their terms, for which the
applicants are ready to deposit the cost.
Considering the above submission made by the learned counsel for the
applicant, it is directed that, the applicants shall deposit Rs. 10,000/- within
two weeks from today in the account head of Registrar General, Mediation &
Reconciliation Centre, Allahabad, High Court, Allahabad. In case, the
aforesaid amount is deposited the notice shall be issued to the daughter of
opposite party 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 in the 3rd week of August, 2010 before the appropriate
court. This case will not be treated to be tied up or part hard to this Bench.
Till then no coercive step shall be taken against the applicants in Case No.
207 of 2010 (State v. Parvesh and others) arising out of Case Crime No. 1329
of 2009, under section 3/4 D.P. Act, P.S. Anwala, District- Bareilly pending
in the court of Judicial Magistrate- Ist Anwala, Bareilly in case, the receipt of
the aforesaid deposited amount is filed before the court concerned.
In case of breach of aforementioned conditions, the interim order shall stand
automatically vacated.
Order Date :- 15.6.2010/Sunil Kr Tiwari