Krishna Kumar Alias Mithun v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 35426 of 2023 Applicant :- Krishna Kumar Alias Mithun Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No.88 of 2023 (Smt. Rekha Diwakar Vs. Krishna Kumar alias Mithun) and order dated 31.07.2023, under Sections-125 Cr.P.C., Police Station-Chaubepur Ka Nagar, District-Kanpur Nagar, pending in the court of Principal Judge, Family Court, Kanpur Dehat.

¶3Learned counsel for the applicant submits that the dispute pertains to matrimonial. Applicant is the husband. Submission is that there is likelihood of settlement between the parties outside the Court and urges that the same may be settled at the district level Mediation Centre.

¶4In such circumstances, it is directed that both the parties shall appear before the court below and file an application for settling the dispute through mediation. In case such an application is filed before the court below for settling the dispute through mediation, the court concerned shall pass an appropriate order within two weeks from the date of filing such an application. The mediation centre will decide the same within a period of two months.

¶5It is further directed that in case mediation process between the parties fails, the court below shall be free to proceed further with the matter against the applicant and in case mediation succeeds, the applicant shall be free to approach this Court.

¶6With the above observation, this application is disposed of. Order Date :- 4.12.2023 Shiv High Court of Judicature at Allahabad