- (1.) Heard learned counsel for the applicant.
(2.) The applicant is complainant of complaint case no.552 of 2014, pending in the Court of Judicial Magistrate, Sonbhadra, under Sections 498-A, 323 and 504 IPC and Section 3/4 of Dowry Prohibition Act. The accused in the said case filed an Application U/s 482 CrPC No.3807 of 2016 in which an interim order was passed by this Court on 10th February, 2016, which reads as follows :- "Vakalatnama filed by Sri K.M. Tripathi, advocate on behalf of opposite party no.2 is taken on record. Heard learned counsel for the applicants and learned counsel for the opposite party no.2 as well as learned A.G.A. for the State. Learned counsel for both the parties submit that one more opportunity be granted to the parties for reconciliation / settlement of their dispute by way of mediation, as they are again willing to settle the matter through mediation. I agree with the submission advanced by the learned counsel for the parties. The matter is once again referred to Mediation & Conciliation Centre of this Court. The applicants are directed to deposit a sum of Rs. 5,000/- before the Mediation & Conciliation Centre of this Court in the name of opposite party no.2 by way of demand draft / pay order payable at Sonbhadra within a period of three weeks from today. After deposit of the aforesaid money, both the parties are directed to appear before the Mediation and Conciliation Centre of this Court on 4.3.2016. The aforesaid amount shall be payable to the opposite party no. 2 on the date fixed before the Mediation Centre. The Mediation Centre will submit its report in the matter within three months. All the opposite parties are directed to file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter. List this case on 4.7.2016 before the appropriate Bench along with the report of the Mediation Centre. Till the next date of listing before the Court, further proceedings as against the applicants in complaint case no.552 of 2014 (Lata Singh Vs. Sudarshan Maurya) under Sections 498-A, 323, 504 IPC and 3/4 Dowry Prohibition Act, P.S. Ghorawal, District Sonbhadra pending in the Court of Judicial Magistrate, Sonbhadra 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.) The case of the applicant is that the accused have failed to deposit Rs.5,000/- with the Mediation and Conciliation Centre of this Court within the period provided by the interim order dated 10th February, 2016 and, therefore, the stay order dated 10th February, 2016 stood automatically vacated.;