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Neutral Citation No. - 2025:AHC:42176 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 9139 of 2025 Applicant :- Mustafa And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.T. Pandey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri A.T. Pandey, learned counsel for the applicants and Sri Brijesh Kumar Dwivedi, learned A.G.A. for the State.
2. The present application has been filed to quash the charge sheet no.A46/2024 dated 12.12.2024 as well as entire proceedings of Case No.470 of 2025 (State vs. Mustafa and others), arising out of Case Crime No.0049 of 2024, under Sections 85/115(2)/352/351(2) of B.N.S. and Section 3/4 D.P. Act, P.S. Mahila Thana, District Maharajganj
3. It is submitted by learned counsel for the applicants that there is chance of mediation as the dispute is matrimonial in nature, therefore, a request has been made that a direction may be issued to Mediation Centre, District Judgship, District Maharajganj that the matter may be settled through mediation.
4. Learned A.G.A. has no objection, if the matter is referred to Mediation Centre, District Judgship, District Maharajganj.
5. In view of the aforesaid request, present application is
disposed of with direction to the parties to appear before the Mediation Centre, District Judgship, District Maharajganj.
6. In case, such an application is filed before the Mediation Centre, District Judgship, District Maharajganj within a period of 15 days, then it will try to settle the dispute between the parties within a period of two months.
7. However, it is directed that the applicants will deposit a sum of Rs.10,000/- before the Mediation Centre, District Judgship, District Maharajganj, out of which Rs.8,000/- shall be paid to opposite party no.2 on her appearance before the Mediation Centre on the date to be fixed by the Mediation Centre, District Judgship, District Maharajganj. Balance amount Rs.2,000/- shall be retained by the Mediation Centre towards its expenses.
8. For a period of two and half months or till conclusion of mediation proceeding, whichever is earlier, no coercive action shall be taken against the applicants in respect of the aforesaid impugned order.
9. It is further provided that the applicants are at liberty to file fresh application u/s 528 of BNSS to challenge the impugned proceeding after the conclusion of mediation proceeding.
Order Date :- 21.3.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad