- (1.) The instant application under Section 482 Cr.P.C. has been filed on behalf of the applicants with a prayer to quash the proceeding pursuant to the charge sheet dated 29.8.2010 whereupon cognizance has been taken by the learned Chief Judicial Magistrate Mirzapur in Case Crime No. 765 of 2010 under sections 498-A , 323 I.P.C. and section 3/4 of D.P. Act P.S. Chunar, district Mirzapur.
(2.) On 11.3.2011 the following order was passed by the co-ordinate Bench of this Court: "Heard learned counsel for the applicants and learned A.G.A. It is contended by the learned counsel for the applicants that this case may be sent to Mediation Centre for the purpose of settlement between the parties for which the applicants are ready to deposit the cost. Considering the submission made by the learned counsel for the applicants, it is directed that applicants shall deposit Rs. 10,000/- within two weeks from today in the account head of Registrar General, Mediation and Conciliation Centre, Allahabad High Court, Allahabad. In case, the aforesaid amount is deposited the notice shall be issued to O.P. No.2 returnable within a period of four weeks. The three fourth of the above mentioned deposited amount shall be paid to O.P. No. 2 as expenses. This case shall be sent to Mediation Centre for further proceedings. After proceedings of the Mediation Centre, list this case before this Court on 13.5.2011.Till then no coercive step shall be taken against the applicants in Case Crime No.765 of 2010 under sections 498-A , 323 I.P.C. and section 3/4 of D.P. Act P.S. Chunar district Mirzapur pending in the court of Chief Judicial Magistrate Mirzapur in case the receipt of the aforesaid deposited amount is filed before the court concerned. List on 13.5.2011 for orders."
(3.) The report of the mediation centre dated 22.9.2011 indicates that the parties are not willing for mediation. It is also endorsed that the opposite no.2 has not appeared to collect the expenses. This shows that the opposite party no.2 was not willing for mediation.;