Waseem Fatima @ Hina and 6 Ors v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 28150 of 2014 Court No. - 84 HON'BLE PADAM NARAIN MISHRA, J.

¶1Heard Sri Paritosh Shukla, learned counsel for the applicants and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash entire proceedings as Complaint Case No.300 of 2013 (Merazaul Hasain v. Smt. Waseem Fatima and others) under Sections 420, 467, 468, 471, 120B of Indian Penal Code, registered at Police Station-Amroha Nagar District-J.P. Nagar (Amroha) pending in the court of Additional Civil Judge (Jr. Division)/ Judicial Magistrate, District J.P. Nagar (Amroha) as well as summoning order dated 29.05.2014.

¶3Learned counsel for the applicants submits that the matter relates to matrimonial dispute and applicant is ready and willing to settle the dispute amicably. In order to show his bona fides the applicant is ready to deposit Rs. 5000/- to be handed over to her husband on his first appearance. Learned counsel for the applicant urged that the case may be referred to the Mediation Centre of this Court so that the couple may have a chance to settle their dispute on their own terms through mediation.

¶4The Court is also satisfied on the basis of record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through process of mediation and an attempt ought to be made to explore that possibility.

¶5Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court, Allahabad. The applicant will deposit Rs.5,000/- within three weeks at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties returnable within a period of four weeks. Out of the same, Rs.3,000/- shall be handed over to her husband on his first appearanc and minimum expenses. Rs.2,000/- will remain deposited with the Mediation Centre.

¶6The mediator is allowed three months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of Versus Counsel for Applicant(s) : Paritosh Sukla Counsel for Opposite Party(s) : Bharat Singh, Irshad Ahmad, Meraj Ahmad Khan Waseem Fatima @ Hina And 6 Ors .....Applicant(s) State of U.P. and Another .....Opposite Party(s) mediation.

¶7Connect with Application u/s 482 No. 4089 of 2013 and list after three months along with report of the mediation.

¶8Till the next date of listing, Complaint Case No.300 of 2013 (Merazaul Hasain v. Smt. Waseem Fatima and others) under Sections 420, 467, 468, 471, 120B of Indian Penal Code, registered at Police Station-Amroha Nagar District-J.P. Nagar (Amroha) pending in the court of Additional Civil Judge (Jr. Division)/ Judicial Magistrate, District J.P. Nagar (Amroha) as well as summoning order dated 29.05.2014, shall remain stayed against the applicants.

¶9It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the applicant in the mediation proceedings, the interim stay order shall stand automatically vacated.

¶10This case shall not be treated as tied up or part heard to this Court. October 13, 2025 Israr A482 No. 28150 of 2014 (Padam Narain Mishra,J.) High Court of Judicature at Allahabad