Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 245 of 2010 Petitioner :- Nawab & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- N.I. Jafri Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Shri Kant Tripathi,J.
Heard learned counsel for the petitioners and also learned Addl. Government
Advocate.
The argument substantially is that fraught relation emanating from
matrimonial bickering escalated into launching of criminal proceeding vide
Case Crime No. 107 of 2009 under sections 498-A, 323, 316 I.P.C. and
section 3/4 of Dowry Prohibition Act police station Mahila Thana District
Meerut.
Having considered the arguments advanced across the bar, we have a feeling
that Court owes a duty to the society to strain to the utmost to repair the
frayed relations between the parties so that the wounded situation may be
healed into a healthy rapprochement. The matter in hand also appears to be
one of those cases in which reconciliation should be tried between the
disputing parties.
While referring the matter to Mediation Centre with the consent of the
petitioners, it is directed that the petitioners shall deposit a sum of Rs. 5000/-
with the Mediation Centre by way of Bank draft drawn in favour of Smt.
Reshma, daughter of Opp party No. 3, victim wife. The Bank draft aforesaid,
it is further directed, shall be handed over to Smt. Reshma, daughter of Opp
party No. 3 on her appearing before the Mediation Centre on the date fixed.
The amount aforesaid, it may be clarified, are meant to meet expenses to be
incurred for attending mediation sessions at Allahabad for Smt. Reshma,
daughter of Opp party No. 3 and the person escorting her.
The office upon deposit of the Bank draft shall issue notice within one week
to Smt. Reshma, daughter of Opp party No. 3 i.e the wife calling upon her to
appear in the Mediation Centre at Allahabad High Court on a date to be
indicated in the said notice stating therein that the Bank draft deposited by the
petitioner shall be delivered to her whenever she appears in the Mediation
centre on the date fixed. The said notice shall be served upon Smt. Reshma,
daughter of Opp party No. 3 through C.J.M concerned. It needs hardly be
said that both the parties shall appear either on the date fixed or on a future
date as may be agreed before the Mediation Centre for reconciliation.
The centre shall submit a report within one month from the date of parties
appearing before it for reconciliation. The case shall be listed in the month of
March, 2010 alongwith report of Mediation Centre.
In the meanwhile, the arrest of the petitioners in the aforesaid case shall
remain stayed.
It may made clear that in case, there occurs default by the petitioners either in
depositing the amount or in appearing before the Mediation Centre on the date
or dates fixed, the interim order shall cease to be operative and the Mediation
Centre shall immediately communicate with the office which in turn shall list
the case within a week before the Bench concerned for passing appropriate
order in the matter.
It may be clarified that the case will not be treated as tied up to this Bench
shall be listed before the appropriate Bench.
Copy of this order will not be issued unless steps are taken.
Order Date :- 8.1.2010
o.k.