Allahabad High Court High Court

Rajesh Kumar And Others vs State Of U.P. And Another on 6 January, 2010

Allahabad High Court
Rajesh Kumar And Others vs State Of U.P. And Another on 6 January, 2010
Court No. - 54

Case :- APPLICATION U/S 482 No. - 33656 of 2009

Petitioner :- Rajesh Kumar And Others
Respondent :- State Of U.P. And Another
Petitioner Counsel :- M.K. Sharma,Rajesh Kumar Rai
Respondent Counsel :- Govt. Advocate

Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicants and the learned AGA for the State-
respondents.

Learned counsel for the applicants has submitted that the present matter is a
matrimonial matter and the said matter can be well considered by the
Mediation and Conciliation Centre of this Court. It is further contended that
there are chances of reconciliation between the husband and wife, therefore,
the matter may be referred to the Mediation Centre.

It is directed that the applicants shall deposit a sum of Rs.8,000/- within two
weeks from today with the Mediation and Conciliation Centre of which 50%
shall be paid to the opposite party No.2 for appearance before the Mediation
Centre.

The matter is remitted to the Mediation Centre with the direction that the
same may be decided after giving notices to both the parties.

It is directed that the Mediation Centre shall decide the matter expeditiously
preferably within a period of four months. Thereafter the case shall be listed
before the appropriate Court on 7th April, 2010.

Till the next date of listing, further proceedings against the applicants in
complaint case no. 677 of 2009 under Sections 498-A, 323, 504 and 506 IPC
and also under Sections 3/4 of the Dowry Prohibition Act, PS Sikrara, District
Jaunpur pending before the Judicial Magistrate-II, Jaunpur shall be kept in
abeyance, provided the applicant deposits the amount as stated above.

After depositing the aforesaid amount, notice shall be issued to the parties and
in case, the aforesaid amount is not deposited within the aforesaid period, the
interim protection granted above shall automatically be vacated.
Order Date :- 6.1.2010
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