KALLU KHAN Vs. STATE OF U.P.
LAWS(ALL)-2020-2-289
HIGH COURT OF ALLAHABAD
Decided on February 19,2020

KALLU KHAN Appellant
VERSUS
STATE OF U.P Respondents

JUDGEMENT

- (1.) Applicants who are six in numbers, have approached this Court by way of filing an application under Section 482 Cr.P.C. with prayer to quash the entire proceedings in Complaint Case No.491/IX of 2015, (Smt. Tarannum Khatoon @ Sanowar vs. Waris Khan and others) u/s 498-A, 323, 504 and 506 IPC and 3/4 D.P. Act, P.S. Naraini, District Banda including summoning order dated 22.12.2015 passed by Chief Judicial Magistrate, Banda in the aforesaid complaint case. Further prayer has been made to stay the proceedings of the aforesaid case.
(2.) This Court, on 15.11.2016 has passed the following order :- "Heard learned counsel for the applicants and learned A.G.A. Learned counsel for the applicants submits that an opportunity be granted to the parties for reconciliation / settlement of their dispute by way of mediation. Applicants are also willing to settle the matter through mediation. I agree with the submission advanced by the learned counsel for the applicants. The matter is referred to Mediation and Conciliation Centre of this Court. The applicants are directed to deposit a sum of Rs. 10,000/- by way of demand draft/pay order in the name of Registrar General A/c, Allahabad High Court Mediation and Conciliation Centre within a period of three weeks from today. After deposit of the aforesaid money, office shall send a notice to the opposite party no. 2 fixing a date to appear before the Mediation and Conciliation Centre of this Court. The aforesaid amount shall be payable to the opposite party no. 2 on his/her appearance before the Mediation and Conciliation Centre. The Mediation Centre will submit its report in the matter within three months. All the opposite parties may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter. List this case on 27.2.2017 before the appropriate Bench along with the report of the Mediation Centre. Till the next date of listing before the Court, further proceedings against the applicants in complaint case no. 491/IX of 2015, under Section 498-A , 323 , 504 , 506 IPC and Section 3/4 D.P. Act, P.S. Naraini, District Banda pending in the Court of Chief Judicial Magistrate, Banda shall remain stayed. If the amount, as directed above, is not deposited by the applicants within the aforesaid period, the stay order shall automatically come to an end and the office shall immediately list this case for further orders before the Court."
(3.) In pursuance of the abovementioned order, the parties appeared before the Mediation and Conciliation Centre wherein as per the report of the Centre, the parties were entered in an interim agreement dated 19.2.2017, however, as per the report dated 26.3.2017 of the Centre, final settlement was not done despite the interim agreement dated 19.2.2017, and as such, the mediation was concluded without any agreement/settlement.;


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