Court No. - 45 Case :- APPLICATION U/S 482 No. - 33890 of 2009 Petitioner :- Suneel And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- S.K.Dubey Respondent Counsel :- Govt. Advocate Hon'ble Vijay Kumar Verma,J.
Heard learned counsel for the applicants and the learned AGA.
The applicants have invoked the inherent jurisdiction of this Court under
Section 482 of the Code of Criminal Procedure (in short, ‘the Cr. P. C.’) to
quash the proceedings of Case No. 2234 of 2008, arising out Case Crime No.
312 of 2008, under Sections 147, 148, 323, 427 IPC, & 3 (1) (X) S.C./S.T.
Act, Police Station Visraj, District G. B. Nagar, pending in the Court of
Additional Judicial Magistrate I, Gautam Budh Nagar.
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/- , through a bank draft, in favour of Sri Dharam Singh Jatav payable at
the place where he is presently residing and Rs 2,500/- will be deposited in
Mediation Centre High Court within three weeks from today. The bank draft
may be handed over to him, which may be withdrawn towards their expenses
for attending mediation sessions along with the escorts.
The Registry shall send a notice through the CJM concerned within one week
fixing 5.4.2010 for appearance of Sri Dharam Singh Jatav before the
Mediation Centre at Allahabad High Court. On that date and on any future
dates as directed by the Centre, the parties 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 three months.
List on 4.5.2010 before appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid case shall
remain stayed.
In case of any default by the applicant in making the appearances before the
Mediation Centre on the dates fixed for making the aforesaid payment as
directed above, the stay granted by this order shall stand automatically
vacated forthwith.
Photostat copy of the bank draft and proof of deposit of the same before the
Mediation Centre will be filed before the lower Court for the relief granted by
this Court to apply.
Order Date :- 12.1.2010
RS.