MOHD AMHED Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Ratnesh Kant Agnihotri, learned counsel appearing on behalf of the applicants, learned AGA for the State and Shri Sreesh Kumar Srivastava, learned counsel for the opposite party No.2.

(2.) THIS application under Section 482 CrPC has been filed for quashing of the order dated 30.07.2014 passed in Criminal Misc. Case No.867/2014 by Judicial Magistrate, Purwa, District Unnao whereby the learned Magistrate has taken cognizance upon the charge -sheet arising out of Crime Case No.278/2014 under Sections 498 -A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act. The applicants have further prayed for quashing of the entire proceedings of the aforesaid Criminal Case No.867/2014 pending in the Court of Judicial Magistrate, Purwa, District Unnao.

(3.) A perusal of the record indicates that by the order dated 26.08.2014, notice was issued to the opposite party No.2 and the applicants were directed to deposit a sum of Rs.12,000/ - in the registry of the Court. The matter was referred to Mediation and Conciliation Centre of this Court. Meanwhile, the proceedings of Criminal Case No.867/2014 were stayed. Subsequently, by the order dated 09.10.2014, a sum of Rs.10,000/ - was released in favour of the opposite party No.2 and the parties were directed to appear before the Mediation and Conciliation Centre on 28.10.2014. It appears that the parties appeared before the Mediation Centre of this Court, but in spite of several sessions, the parties could not reach a settlement and consequently the mediation failed.