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Court No.

- 88

Case :- APPLICATION U/S 482 No. - 32291 of 2023

Applicant :- Aamir And 2 Others


Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rakesh Kumar
Rathore,Shobha Vati
Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

1-During the course of argument learned counsel for


the applicants prays for and is allowed to implead
Smt. Sama Parveen wife of Aamir (applicant No.1) as
opposite party No.3.

2-Heard learned counsel for the applicants, learned


Additional Government Advocate for the
State/opposite party No.1 and perused the record.

3-This application under Section 482 Cr.P.C. has been


filed by the applicants for quashing the summoning
order dated 13.06.2022 as well as to stay the further
proceedings of Complaint Case No. 2418 of 2019
(Abbuddin Vs. Aamir and others), under Sections
498-A, 323 I.P.C. and Section 3/4 Dowry Prohibition
Act, Police Station-Ram Garh, District-Firozabad,
pending in the court of Judicial Magistrae, Firozabad.

4-It is submitted by learned counsel for the


applicants that applicant Nos. 1 to 3 are husband,
father-in-law and mother-in-law of opposite party No.
3 respectively and there is a matrimonial dispute
between the parties concerned. Applicants are
willing to settle the matter through mediation,
therefore, an opportunity be granted to the parties
concerned for reconciliation/settlement of their
disputes by way of mediation.

5-This Court owes a duty to the society to strain to


utmost to repair the frayed relations between the
parties concerned in matrimonial dispute, so that
wounded situation may be healed into healthy
rapprochement. The matter in hand also appears to
be one of those cases in which reconciliation should
be tried between the parties.

6-In view of above, I agree with the submission


advanced on behalf of the applicants and feel that
the interest of justice would be served, if such
request of the applicants are acceded to and the
criminal proceedings and other litigations between
the parties concerned is brought to an end.

7-The matter is referred to Mediation & Conciliation


Centre of this Court. Applicant, No. 1, namely, Amir
(husband of opposite party No.3) is directed to
deposit a sum of Rs. 20,000/- by way of demand
draft in favour of Registrar General, Allahabad High
Court Mediation & Conciliation Centre within a period
of two weeks from today to the In-charge Mediation
and Conciliation Centre, High Court, Allahabad. After
deposit of the aforesaid money by the applicant No.
1, office shall send a notice to the opposite party
No.3-Smt. Sama Parveen fixing a date to appear
before the Mediation and Conciliation Centre of this
Court.

8-Out of aforesaid amount, a sum of Rs. 18,000/-


shall be payable to the opposite party No.2, namely,
Smt. Sama Parveen on her appearance before the
Mediation and Conciliation Centre. The remaining
amount of Rs. 2,000/- shall be payable to the
Mediation Centre. The Mediation Centre will submit
its report in the matter within two months.

9-Opposite parties may file counter affidavit, if any,


within four weeks. Rejoinder affidavit, if any, may be
filed within two weeks thereafter.

10-List this case on 02.01.2024 before the


appropriate Bench along with the report of Mediation
and Conciliation Centre, High Court, Allahabad.

11-Till the next date of listing, no coercive action


shall be taken against the applicants in the aforesaid
case.

12-It is made clear that in case, the said amount, as


directed above, is not deposited by the applicants
within the aforesaid period, the interim protection
granted by this Court shall automatically come to an
end and it will be open for the concerned court below
to proceed against the applicants in accordance with
law.

Order Date :- 18.10.2023


Kashifa

Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad

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