Court No. - 25 Case :- MISC. BENCH No. - 5962 of 2010 Petitioner :- Shishir Jaiswal, Respondent :- State Of U.P., Thru. Prin. Secy.,Home & Others Petitioner Counsel :- K.K. Singh,Nisar Ahmad Respondent Counsel :- G.A.,Kumar Ayush Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J.
Heard Shri I.B.Singh, learned Senior Advocate for the petitioner, learned
Additional Government Advocate for respondent nos.1 to 3 and Shri
U.P.Singh learned counsel for the respondent nos.4 and 5.
This petition has been filed with the prayer for quashing of the F.I.R. relating
to Case Crime No.3135 of 2010 under Sections 498-A, 504, 506, 325, 456,
307, 454 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station
Kotwali, District Unnao.
We have gone through the contents of the FIR. Since it discloses commission
of cognizable offence as such the same cannot be quashed. At the very
outrightly, learned counsel for the petitioner submits that since it being a
matrimonial dispute if the matter is forwarded before the Mediation &
Conciliation Centre, there is every chance that the matter between the parties
may be settled amicably after negotiation to which Shri U.P.Singh learned
counsel for the respondent nos.4 and 5 does not have any objection.
In any case, it has to be sent after being asked from Smt. Shivani Jaiswal
respondent no.5 who happens to be the victim of incident as to whether she is
agreeable for sending the matter to the Mediation Centre of this Court or not.
Therefore, we direct respondent no.5 Smt. Shivani Jaiswal to appear before
this Court on 25.6.2010 to apprise the Court as to whether she is agreeable for
sending the matter to the Mediation Centre or not.
Put up this case on 25.6.2010 for further orders. Till 25.6.2010, the petitioner
shall not be arrested in the aforesaid case crime number.
Order Date :- 22.6.2010
Tripathi