LAWS(ALL)-2013-3-131

SUNIL GIRI Vs. STATE OF U.P.

Decided On March 18, 2013
Sunil Giri Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Shri Dhirendra Kumar Srivastava, learned Counsel for the applicants and Shri Mohd. Nuashed Siddiqui, learned Counsel for the opposite party No. 2. Learned Counsel for the opposite party No. 2 states that this Court vide order dated 28.2.2012 had referred the matter to the Mediation and Conciliation Centre at Allahabad High Court. The report of the Mediation Centre dated 31.9.2012 is on the record. From the said report it is evident that parties are not willing for mediation, hence mediation has failed.

(2.) This application under section 482 Cr.P.C. has been filed for quashing of proceeding of complaint case No. 764 of 2011, Smt. Nagina v. Sunil Giri and others, under sections 323, 498-A, IPC and section 3/4 Dowry Prohibition Act, P.S. Kotwali Iliya, District Chandauli, pending in the Court of Judicial Magistrate, Chakiya, Chandauli.

(3.) After having very carefully examined, the submissions made by the learned Counsel for the parties and perused the material brought on record, I find that so far as applicant No. 1, namely, Sunil Giri is concerned, there is no justification for quashing of proceeding in the aforementioned case.