Anoop vs State Of U.P. and Another

Hon''ble Bala Krishna Narayana, J.—Heard learned counsel for the applicant and learned A.G.A. for the State. The applicant, through this application u/s 482 Cr. P.C., has invoked the inherent jurisdiction of this Court with a prayer to quash the proceedings of complaint Case No. 2305 of 2012, under Sections 12, 18, 19, 20, 22 of Protection of Women from Domestic Violence Act, 2005 pending before the Additional Chief Judicial Magistrate-Xth, Agra as well as the summoning order dated 25.9.2012 passed in the case.

Learned counsel for the applicant submitted that the present matter relates to a matrimonial dispute between husband and wife and the said matter can be well considered by Mediation and Conciliation Centre.

In view of the above, this application is disposed of finally with liberty to the applicant to move an application before the court below within thirty days from today with the prayer for referring the dispute between the parties to the concerned Mediation and Conciliation Centre. In case, any such application is moved by the applicant before the court below within the time as indicated hereinabove, the court concerned shall pass appropriate order thereon after obtaining the consent of the complainant-opposite party No. 2. In case, the opposite party No. 2 consents to the matter being settled through the process of Mediation, the court below shall refer the same to the concerned Mediation and Conciliation Centre subject to such terms and conditions as it deems proper. For a period of thirty days from today, no coercive action shall be taken against the applicant to enable him to move the court concerned for getting the dispute between the parties settled through the process of mediation. In case, the applicant fails to move any such application before the court concerned within the time indicated hereinabove, this application shall stand dismissed automatically.