The Allahabad High Court has sent the dispute between husband and wife to the Mediation Center for reconciliation and has directed the center to complete the proceedings within three months and the coercive action against the petitioners has been stayed till then.
A Single Bench of Justice Deepak Verma passed this order while hearing an application under Section 482 filed by Sahab Lal Rathor and 2 Others.
The application has been filed under Section 482 to allow the application and entire proceeding of Criminal Case under Sections 498-A, 323, 504, 506, 3/4 D.P Act, as well as summoning order dated 30.05.2023 (State vs Sahab Lal Rathor etc) is pending in the Court of Additional Chief Metropolitan Magistrate-II, Kanpur Nagar, may be quashed and it is further prayed the Court may graciously be pleased to stay the proceeding of aforesaid case.
Counsel for the applicants submitted that marriage of applicant no 3 was solemnized with opposite party no 2 in the year 2017. Due to some misconception, a dispute arose between the parties.
It is further submitted that opposite party no 2 is working as Assistant Teacher and applicant no 3 is also working as Assistant Teacher.
He next submitted that there is a chance of mediation between husband and wife if it is sent to the Mediation and Conciliation Center for compromise.
Counsel for opposite party no 2 has also supported the argument of applicants’ counsel that if the case is referred to the Mediation and Conciliation Center, both parties may come to the compromise.
“Prima facie, it does appear that the criminal proceedings do arise out of the matrimonial dispute between the parties. Therefore, it further appears, if the parties were to be offered assistance of mediation, they may be able to resolve their differences and bring an end to all disputes and differences between them, amicably”, the Court observed.
The Court directed that applicants shall deposit a sum of Rs 20,000/- within two weeks with the Mediation Centre of which Rs 15,000/- shall be paid to the opposite party no 2 for appearance before the Mediation Centre on a date to be fixed by the Mediation Center. Balance Rs 5,000/- shall be retained by the Mediation Centre towards its expenses.
The matter is referred to the Mediation Centre with the direction that the same may be tried to be resolved after giving notices to both the parties.
The Court further directed that the Mediation Centre shall proceed in the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before the appropriate Bench.
“Subject to the applicants depositing the amount of Rs 20,000/- as above, till the next date of listing, no coercive action shall be taken against the applicant.
After depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated”, the Court ordered.