Heard learned counsel for the petitioners and learned Additional Government
Advocate.
Under challenge is FIR relating to Case Crime No.871 of 2009, under
Sections 498A,323,504 I.P.C. & 3/4 D.P. Act, P.S. Inayat Nagar, District- Faizabad.
We have gone through the contents of the FIR and other documents
including an application moved by the petitioner under Section 9 of the Hindu
Marriage Act on 09.12.2009.
Submission of learned counsel for the petitioners is that this FIR is an
outcome of matrimonial dispute, which has arisen between the petitioners and
respondent no.4. The petitioner no.1 has filed a suit under Section 9 of Hindu
Marriage Act for restitution of conjugal right, as such, this FIR is an out come of
the same. It has also been submitted that entire family of the petitioner has been
roped in without any rhyme and reason and there is no such incident has taken
place as indicated in the FIR.
Let the things be as they are, since it is a matrimonial dispute and the
allegations levelled against the petitioners seem to be trivial in nature, it has been
submitted that every effort may be made so that the parties may settle their dispute
amicably.
We also feel that if a chance is taken by sending the matter to the Mediation
Centre of this Court, the parties may settle the dispute amicably.
There seems to be force in the arguments of learned counsel for the
petitioners.
Let notice be issued to opposite party No.4/Smt. Reeta Yadav through the
Chief Judicial Magistrate concerned for her appearance before this Court on
02.2.2010. She shall apprise the Court as to whether she is agreeable for sending
the matter to the Mediation Centre of this Court or not.
List/put up on 02.2.2010.
Till 02.2.2010., the petitioners shall not be arrested in the aforesaid case
crime number, provided they deposit Rs.10,000/- (Rupees ten thousand only) in
this Court within a week from today out of which Rs.8,000/- (Rupees eight
thousand only) shall be paid to Smt. Reeta Yadav opposite party No.4 on her
appearance before the Mediation Centre and remaining Rs.2,000/- (Rupees two
thousand only) shall be deposited in the account of Mediation and Conciliation
Centre of this Court.
It is clarified that if the amount is not deposited by the petitioners within the
time stipulated above, benefit of this order would not be available to them.