Court No. - 25 Case :- APPLICATION U/S 482 No. - 1905 of 2010 Petitioner :- Prabhat Shah And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Ashutosh Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Chandra,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the relevant record.
It has been submitted that the present dispute being a matrimonial dispute
between the husband and the wife, the same may be referred to the Mediation
Centre of this Court.
It is therefore, directed that the applicants shall deposit a sum of Rs.8,000/-
with the Mediation Centre of the High court within two weeks from today.
Out of this amount Rs. 5,000/- shall be paid to the opposite party no. 2 on his
appearance before the Mediation centre.
The matter is referred to the Mediation Centre with the direction that the
matter shall be decided after giving notices to both the parties.
It is further directed that the Mediation centre shall dispose of the matter as
early as possible, preferably within a period of three months. Thereafter, the
case will be listed before the appropriate Bench on 29.4.2010, without treating
the same as part heard.
As an interim measure it is provided that no coersive action shall be taken
against the applicant in case crime no. 106 of 2009 State vs Prabhat Shah and
others, under Sections 498-A, 323, 506 I.P.C. and 3/4 D. P. Act pending in
the court of Special J.M. (C.B.I), Ghaziabad provided the applicant produces
the receipt of the aforesaid amount deposited in the Mediation Centre before
the court concerned.
The notice shall be issued to the parties after the deposit of the aforesaid
amount and if the amount is not deposited within the prescribed period, the
interim measure granted above shall stand automatically vacated.
Order Date :- 28.1.2010
RS.