Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 14610 of 2010 Petitioner :- Ved Prakash @ Vipin & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- T.K. Mishra Respondent Counsel :- Govt. Advocate Hon'ble Amar Saran,J.
Hon’ble Surendra Singh,J.
Heard learned counsel for the petitioners and learned Additional
Government Advocate.
Admit.
It is contended that there was a matrimonial dispute between the
parties and because of that a criminal case has been lodged at
case crime No. 775 of 2010, under sections 498-A/323/506 IPC
and 3/4 of DP Act, PS Kotwali, district Ghaziabad and that it is
mentioned in paragraph No. 12 of the writ petition that there is
no injury or medical report.
In view of the aforesaid, we are of the view that an attempt
should be made for reconciliation between the parties.
The matter is, therefore, with the consent of the petitioners,
referred to the Mediation Centre, Allahabad High Court. The
petitioner No. 1 should deposit Rs. 10,000/- within two weeks
from today in the account head of the Registrar General,
Mediation and Conciliation Centre, High Court, Allahabad, out
of which Rs. 7000/- will be given to opposite party No. 3 and Rs.
3000/- will go to the Mediation Centre.
The Registry shall send a notice through the Chief Judicial
Magistrate concerned within a week fixing 14.9.2010 for
appearance of the wife, opposite party No. 3, before the
Mediation Centre at Allahabad High Court and it shall be
mentioned in the notice that Rs. 7,000/- shall be paid to her when
she appears before the Centre and the due payment shall be made
on her appearance. On that date, and on any future dates as
directed by the Centre, the husband-petitioner No. 1 and the wife
aforesaid will appear before the Centre.
The Registry will send information of this order to the Mediation
Centre within a week.
The Centre shall submit a report to this Court within one month
from the date of appearance of the parties before it.
Till the next date of listing, the arrest of the petitioners in the
aforesaid case shall remain stayed, provided the petitioners
submit the receipt of the aforesaid deposit before the concerned
Court and co-operate in the mediation proceedings.
This order of stay of arrest of the petitioners will only be
operative, if the averment made in paragraph No. 12 of the writ
petition that Smt. Sarita has not received any injury, is found to
be correct.
In case of any default by the husband in making the appearance
before the Mediation Centre on the dates fixed or making the
aforesaid payments as directed above, the relief granted by this
order shall not apply.
List this case on 21.10.2010 before the appropriate Bench along
with the report of the Mediation Centre.
In case there is any default by the petitioners as above, the
Mediation Centre should immediately communicate this fact to
the office and office will list the case within a week before the
Bench concerned, which may pass order for vacation of the stay.
On the next date, the case will not be treated as tied up to this
Bench and shall be listed before the appropriate Bench.
Copy of the order will not be issued unless steps are taken.
Order Date :- 12.8.2010
Ishrat