Jay Prakash and 2 Others v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 34236 of 2023 Applicant :- Jay Prakash And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Sushil Kumar Chaturvedi, learned counsel for the applicants, Sri Arbind Kumar, learned A.G.A for the State and perused the record.

¶2The instant application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Complaint Case No.6850 of 2020, under Sections 498A, 323, 506 IPC and 4 D.P. Act, Police Station - Kokhraj, District Kaushambi pending in the court of Civil Judge (J.D.)/F.T.C.-I/Judicial Magistrate, Kaushambi.

¶3Contention of learned counsel for the applicant is that the applicant no.1 is husband of opposite party no.2 and applicant nos.2 and 3 are father and mother of applicant no.1. He further submits that applicant no.1 and opposite party no.2 had entered into compromise dated 22.11.2022, on the basis of that compromise proceeding under Section 125 Cr.P.C. was terminated vide order dated 10.03.2023 by the Principal Judge, Family Court, Kaushambi but in the impugned proceeding bailable warrant has been issued against the applicants though as per agreement itself opposite party no.2 will herself take adjournment in the impugned case for six months.

¶4Considering the aforesaid submission, the present matter is referred to mediation center of District Court, Kaushambi and Mediation Centre, Kaushambi shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of two months from the date of production of this order.

¶5For a period of two months or till conclusion of mediation proceeding, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.

¶6With the aforesaid direction, the application is disposed of. Order Date :- 18.10.2023 A.Kr. High Court of Judicature at Allahabad