Court No. - 20 Case :- MISC. BENCH No. - 6623 of 2010 Petitioner :- Smt. Bitto Devi & Anr. Respondent :- State Of U.P., Thru. Secretary, Home & Others Petitioner Counsel :- R.K. Singh,Viswas Shukla Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioners and learned A.G.A. and perused the
F.I.R.
This writ petition under Article 226 of the Constitution of India has been filed
by the petitioners for quashing the impugned F.I.R. lodged by the opposite
party no.4, registered as Case Crime No.313 of 2010, under Sections 498-A,
323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station
Aliganj, District Lucknow and also for direction to the opposite parties not to
arrest the petitioners in pursuance of the said impugned F.I.R.
The submission of the learned counsel for the petitioners is that the marriage
of opposite party no.4, Smt. Anita Singh was solemnized with Baij Nath in
the year 1998. The petitioners are mother and father of Baij Nath. The
complainant has levelled the allegations against her husband who is already in
jail. The complainant was living with her husband in Lucknow while
petitioners were living in their parental home at Hardoi. Neither the
petitioners made any demand of dowry from the complainant nor they could
harass her for dowry as were not living with the complainant or her husband.
They have been implicated by the complainant only on the ground of being
parents of her husband. Learned counsel further submits that there are two
issues out of the wedlock of the Baij Nath and complainant, there is most
likelihood that the dispute between the parties may settle through Mediation
and Conciliation Center of this Court. Learned counsel for the petitioners
requests that the matter may be referred to the Mediation and Conciliation
Center of this Court.
In view of the submissions of the learned counsel for the petitioners, issue
notice to the opposite party no.4 to appear before this Court on 16.08.2010
and to apprise this Court whether she is ready to get the matter settled through
Mediation Center. Steps may be taken within a week.
In view of the submission of the learned counsel for the petitioners, the
petitioners are directed to deposit an amount of Rs.10,000/- (Rupees ten
thousand) within ten days from today. Out of the amount so deposited,
Rs.7000/- (seven thousand) will be paid to the opposite party no.4, Smt.
Anita Singh and rest o the amount of Rs.3000/- (three thousand) will be paid
to the Mediation and Conciliation Center of this Court.
List on same day i.e.16.08.2010.
Till the next date of listing, the petitioners, Smt. Bitto Devi and Desh Raj
Singh will not be arrested by the Investigating Officer in the aforesaid Case
Crime No.313 of 2010, under Sections 498-A, 323, 504, 506 I.P.C. and
Section 3/4 Dowry Prohibition Act, Police Station Aliganj, District Lucknow
subject to their co-operation in the investigation which will go on.
However, in case the petitioners fail to deposit the amount as mentioned
above, they will not be entitled to any interim protection.
Order Date :- 16.7.2010
PAL