Court No. - 8 Case :- U/S 482/378/407 No. - 1852 of 2010 Petitioner :- Shiv Kumar & Ors. Respondent :- State Of U.P. & Anothre Petitioner Counsel :- Ravindra Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
1. The petitioners (Shiv Kumar, , Raksha Ram Verma and Smt. Shobha wati)
have filed this petition under section 482 of the Code of Criminal Procedure
for quashing the proceedings of Complaint Case No. 526 of 2009 (Jaya Devi
v Shiv Kumar & others) under sections 498-A, 323, 504 and 506 and 3/4 of
the Dowry Prohibition Act, P.S. Kasiya, District Barabanki pending in the
court of the learned Additional Chief Judicial Magistrate, Court No. 25,
Barabanki.
2. The dispute is between the husband and wife. Considering the circumstance
that relationship between husband and wife may not further undergo any
bitterness, the matter may be considered for settlement by process of
mediation.
3. The counsel for the petitioners states that the petitioners are ready for
settling the dispute by mediation and are willing to deposit a sum of Rs.
8000/- (Rs. Eight Thousand only) towards maintenance and expenses of the
wife (victim) for appearing before the Mediation Centre.
4. Notice on behalf of the State of U.P. and State officials has been accepted
by the AGA. Issue notice to respondent no. 2 by registered post. List for
admission after service upon the private respondent.
5. In the meantime, no coercive process shall be issued or executed against the
petitioners.
6. The question of referring the case to the Mediation Centre will be
considered after service upon the private respondent. It is made clear that in
case the private respondent agrees for referring the case to the Mediation
Centre then it will be referred to the Mediation Centre and the stay order will
be further continued only if the petitioners deposit the Bank Draft atleast of
the aforesaid amount in favour of the wife (victim).
Order Date :- 10.5.2010
shailesh