Naresh Kumar vs State Of U.P. And Another

Shiv Shanker Prasad, J

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

This application has been filed with a prayer to quash the impugned summoning order dated 09.07.2019 as well as other consequential order passed by Additional Chief Judicial Magistrate Meerut in Criminal Case No. 3746 of 2019 (Ajay Raj Singh vs. Naresh), under Section 138 of N.I. Act, Police Station- Civil Line, District-Meerut pending in the Court of Additional Chief Judicial Magistrate 5th District- Meerut.

The contentions raised by the applicant's counsel is that there is a dispute in between the parties. There are chances of amicable settlement between the parties. Applicant's counsel urged that this case may be referred for mediation so that the parties may have a chance to settle their dispute on their own terms through mediation.

In such circumstances, it is directed that both the parties shall appear before the court below and file an application for settling the dispute through mediation. In case such an application is filed before the court below for settling the dispute through mediation, the court concerned shall pass an appropriate order within a week from the date of filing such an application. The mediation centre will decide the same within a period of four months.

For a period of five months, no coercive steps shall be taken against the applicant in the above mentioned case.

It is further directed that in case mediation process between the parties fails, the court below shall be free to proceed further with the matter against the applicant and in case mediation succeeds, the applicant shall be free to approach this Court.

With the above observation, this application is disposed of.