Court No. - 28 Case :- APPLICATION U/S 482 No. - 288 of 2010 Petitioner :- Smt. Kalawati Devi And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- H.N.Singh Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the applicants and also learned A.G.A. appearing
for the State.
The argument substantially is that fraught relation emanating from
matrimonial bickering escalated into launching of criminal proceeding vide
F.I.R. which was registered at case crime no. 521 of 2009 under sections 498-
A,504, and 506 IPC and ¾ D.P. Act, police station Sikri Ganj, district
Gorakhpur.
Having considered the arguments advanced across the bar, I 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
applicants, it is directed that applicants shall deposit a sum of Rs. 5000/- with
the Mediation Centre by way of Bank draft drawn in favour of Opp party no.
2. The Bank draft aforesaid, it is further directed, shall be handed over to the
Opp party No. 2 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 Opp.
Party no. 2 and the person escorting her.
The office upon deposit of the Bank draft shall issue notice within one week
to Opp. Party no. 2 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 applicants shall be
delivered to her whenever she appears in the Mediation centre on the date
fixed. The said notice shall be served upon the opp. party no. 2 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 second
week of March, 2010 alongwith report of Mediation Centre.
In the meanwhile, the arrest of the applicants Smt. Kalawati Devi, Pradeep
Singh, Randheer Singh, Sarita, Sandeep Singh alias Tikkoo Singh, Amar Nath
Singh and Smt. Indu Singh in the aforesaid case shall remain stayed.
It may made clear that in case, there occurs default by the husband either in
depositing the amount or in appearing before the Mediation Centre on the date
or dates fixed, the interim order staying arrest 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.
Copy of this order will not be issued unless steps are taken.
Order Date :- 21.1.2010
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