Sayra vs. State Of U.P.

Court No. - 31

Case :- APPLICATION U/S 482 No. - 14484 of 2018

Applicant :- Smt. Sayra Opposite Party :- State Of U.P. And 7 Ors Counsel for Applicant :- Gyan Prakash Mishra Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Vijay Lakshmi,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The applicant, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with prayer to quash the summoning order dated 17.8.2017 passed by the learned Additional Chief Judicial Magistrate, Court No.2, Bulandshahr in Complaint Case No.486 of 2017, (Smt.Sayra Vs.Ashru and others), whereby the O.P. No.2 has been summoned under Sections 498-A of I.P.C. and Section 3/4 of D.P. Act as well as for quashing the impugned judgment and order dated 06.1.2018 passed by the learned Additional Sessions Judge, Court No.12, Bulandshahr in Criminal Revision No.474 of 2017, (Smt.Sayra Vs. State of U.P. and others), filed against the aforesaid order dated 17.8.2017 passed by learned Additional Chief Judicial Magistrate, whereby the revisional court has confirmed the order of Magistrate and has dismissed the revision filed by the revisionist.

It is submitted by learned counsel for the applicant that the present matter relates to matrimonial dispute and there are fair chances of some amicable settlement by way of mediation and conciliation.

In view of the above, the matter is remitted to the Mediation Center with the direction that the Mediation Center, shall issue notice to the opposite party no.2 and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months after giving notices to both the parties.

Thereafter the case shall be listed before regular Bench along with the report of Mediation Center.

Till the next date of listing, no coercive action shall be taken against the applicant in pursuance of the summoning order dated 17.8.2017 passed by the learned Additional Chief Judicial Magistrate, Court No.2, Bulandshahr in Complaint Case No.486 of 2017, (Smt.Sayra Vs.Ashru and others) and the impugned judgment and order dated 06.1.2018 passed by the learned Additional Sessions Judge, Court No.12 Bulandshahr in Criminal Revision No.474 of 2017, (Smt.Sayra Vs. State of U.P. and others).

Order Date:- 3.5.2018-SB