Court No.

- 65

Case :- APPLICATION U/S 482 No. - 18213 of 2023

Applicant :- Shakib And 4 Others

Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sameer Khan
Counsel for Opposite Party :- G.A.

Hon'ble Rajiv Gupta,J.

Learned counsel for the applicants prays for and is permitted
to correct the name of opposite party no.2 in the cause title
of the instant application, during the course of the day.
Heard learned counsel for the applicants, learned A.G.A. for
the State and perused the record.
Learned counsel for the applicants has submitted that
applicant no.1 is husband, applicant no.2 is mother-in-law
and applicant no.3 is brother-in-law of opposite party no.2,
whereas applicant nos.4 & 5 of his relatives and the
matrimonial dispute is in the genesis of this case and there
are chances of amicable settlement between the parties. He
has strenuously urged that this case may be referred to the
Mediation Centre of this Court so that the litigants may have
a chance to settle their dispute on their own terms through
mediation.
The Court is satisfied on the basis of record and the
submissions made before it that the nature of litigation is
such that the chances to resolve the matter through process
of conciliation and an attempt ought to be made to explore
that possibility.
Accordingly, the matter is being referred to the Mediation
Centre of this Court. The applicant no.1 shall deposit
Rs.30,000/- within four weeks at the Mediation Centre. Out
of the same, Rs.25,000/- will be paid to the opposite party
no.2 for subsistence and to meet out the expenses. In case,
the amount is deposited, the Mediation Centre will issue
notices to both the parties returnable within a period of two
weeks. The mediator is allowed two months' time to find out
possible solution of the dispute between the parties and
send his report to the Court regarding outcome of mediation.
List this case before the appropriate Bench along with report
of the mediator on 24.08.2023.
Till then, no coercive action shall be taken against the
 applicants in Criminal Case No. 000156 of 2023 (State Vs.
Shakib and others), arising out of Case Crime No. 0412 of
2022, under Sections 498-A, 323, 504, 506, 354, 354(Kha)
I.P.C., Section 3/4 of Dowry Prohibition Act and Section 3/4
of Muslim Women (Protection of Rights on Marriage) Act,
Police Station Garh Mukteshwar, District Hapur, pending in
the court of Civil Judge (Jr. Div.), Garh Mukteshwar, Hapur,
provided the applicants file the receipt of deposit of amount
as directed above along with the present order.
It is made clear that in case of default in depositing the
amount as ordered above or on non-participation of the
applicants in the mediation proceedings, interim stay order
shall stand automatically vacated.
This case shall not be treated as tied up or part heard to this
Bench.
Order Date :- 23.5.2023
Nadim

Digitally signed by :-
NADIM ALAM
High Court of Judicature at Allahabad