Court No. 20
Writ Petition No. 7001 (M/B) of 2010
Vineet Pandey and others Petitioners
Vs
State of U.P and others Opp. Parties
Hon'ble Raj Mani Chauhan, J.
Hon’ble Virendra Kumar DIXIT,J.
Heard learned counsel for the petitioners and learned A.G.A. as well as
perused the documents available on record.
This petition under Article 226 of the Constitution of India has been filed
by the petitioners for quashing the impugned FIR dated 15.07.2010 registered at
case crime No. 31 of 2010, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4
Dowry Prohibition Act, Police Station Mahila Thana, District Sitapur and also for
direction to the opposite parties not to arrest the petitioners in pursuance to the
said impugned FIR.
Learned counsel for the petitioners contends that the dispute between the
parties is of matrimonial in nature. There is most likelihood that the dispute may
be resolved between the petitioner No. 1 and the complainant-opposite party No.4
Smt. Anjoo alias Babalee who are husband and wife, through Mediation Centre.
Learned counsel for the petitioners, therefore, requests that matter be referred to
the Mediation Centre.
In view of the submission of the learned counsel for the petitioners, the
petitioners are directed to deposit Rs.10,000/- (ten thousand) within ten days from
today. Out of the amount so deposited, Rs. 7,000/- (seven thousand) will be paid
to the opposite party No. 4 Smt. Anjoo alias Babalee and rest of the amount of
Rs.3,000/- (three thousand) will be paid to the Mediation Centre.
Issue notice to opposite party No.4 Smt Anjoo alias Babalee to appear
before this Court on 25.08.2010 to apprise the Court as to whether she is willing
to settle the dispute through Mediation and Conciliation Centre of this Court.
Steps may be taken within a week.
List on the same day i.e. 25.08.2010.
Till the next date of listing, the petitioners shall not be arrested by the
Investigating Officer in the aforesaid case crime number.
However, in case the petitioners fail to deposit the amount as mentioned
above, they shall not be entitled for any interim protection.
27.07.2010
Renu/-