Alok Kumar Gupta and ors Vs State of U.P and anr. - Court Judgment

Excerpt:
prayer: petition filed seeking for a writ of mandamus, directing the 1st and 2nd respondents herein to release the goods viz., 103 units of old and used digital multifunction print & copying machines with standard accessories, imported vide bill of entry no.793351, dated 26.02.2011, under free as second hand capital goods in terms of para 2.17 read with definitions under 9.12 of the foreign trade policy 2009-2014 without imposing any restriction in the absence of specific restriction in para 2.17 of foreign trade policy and in para 2.33 of hand book of procedures 2009-2014 and any notification by 3rd respondent......498-a and 3/4 dowry prohibition act, which was challenged by the applicants by way of filing criminal application no.11865 of 2010 and this court vide order dated 29.04.2010 referred the matter to the mediation centre.2. it is contended that now proceedings under section 12 of the domestic violence act in case no.310 of 2010 smt. kirti gupta versus alok kumar gupta and others has been initiated by the opposite party no.2, which is pending before the learned judicial magistrate jalaun, at urai. it is submitted on behalf of the applicants that the matter may be referred to mediation centre along with criminal application no.11865 of 2010 accordingly.3. it is submitted by learned counsel for the applicants that the present matter relates to a matrimonial dispute between husband and.....

Judgment:
1. Heard learned counsel for the applicants and learned A.G.A. for the State. It is contended that the opposite party No.2 has also initiated proceedings under Section 498-A and 3/4 Dowry Prohibition Act, which was challenged by the applicants by way of filing Criminal Application No.11865 of 2010 and this Court vide order dated 29.04.2010 referred the matter to the Mediation Centre.

2. It is contended that now proceedings under section 12 of the Domestic Violence Act in case No.310 of 2010 Smt. Kirti Gupta Versus Alok Kumar Gupta and others has been initiated by the opposite party no.2, which is pending before the learned Judicial Magistrate Jalaun, at Urai. It is submitted on behalf of the applicants that the matter may be referred to Mediation Centre along with Criminal Application No.11865 of 2010 accordingly.

3. It is submitted by learned counsel for the applicants that the present matter relates to a matrimonial dispute between husband and wife and the said matter can be well considered and decided together with Criminal application No.11865 of 2010 by Mediation Centre of this Court with the direction that the same may be decided after giving notice to both the parties.

4. It is directed that applicants shall deposit a sum of Rs. 10,000/- within two weeks from today with the Mediation Centre of which 50% shall be paid to the opposite party no.2 for appearance before the Mediation Centre.

5. The matter is remitted to the Mediation Centre along with Criminal application No.11865 of 2010 with the direction that same may be decided after giving notices to both the parties.It is further directed that Mediation Centre shall decide the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench on 06.12.2010.

6. Till the next date of listing, no coercive action shall be taken against the applicants in Case No. 310 of 2010, Smt. Kirit Gupta Versus Alok Kumar Gupta and others Under Section 12 of the Domestic Violence Act, P.s. Kotwali Urai, District, Jalaun at Urai.

7. After depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.