Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 412 of 2010 Petitioner :- Ramesh Shukla And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Dr. S.B. Singh Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioners and also learned Additional
Government Advocate.
The argument substantially is that fraught relation emanating from
matrimonial bickering escalated into launching of criminal proceeding
vide Case Crime No.1887 of 2009 under Sections 498-A, 323, 504,
506, 494 I.P.C. and Section 3/4 Dowry Prohibition Act P.S. Madhuban,
District Mau.
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 Opposite Party No.4, victim. The Bank draft aforesaid, it is
further directed, shall be handed over to the Opposite Party No.4 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 the
Opposite Party No.4 and the person escorting her.
The office upon deposit of the Bank draft shall issue notice within one
week to the Opposite Party No.4, 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 petitioners shall be delivered to her whenever she
appears in the Mediation Centre on the date fixed. The said notice
shall be served upon Opposite Party No.4 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 along with 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 :- 12.1.2010
Mustaqeem.