Court No. - 20 Case :- MISC. BENCH No. - 1001 of 2010 Petitioner :- Ajay Singh Chauhan S/O Dhan Pal Singh Chauhan & Ors. Respondent :- State Of U.P. Thru Prin. Secy. Home & Ors. Petitioner Counsel :- Qazi Sabihur Rahman Respondent Counsel :- G.A.,P S Bajpai Hon'ble Imtiyaz Murtaza,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioners 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.42 of 2010 under sections 498-
A, 504, 306 IPC & ¾ Dowry Prohibition Act P.S. Ghazipur District Lucknow.
Having considered the arguments advanced across the bar, we 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
petitioners, it is directed that Petitioner No.1 shall deposit a sum of Rs.
10,000/- with the Mediation Centre by way of Bank draft drawn in favour of
Mediation Centre, High Court Allahabad, Lucknow Bench, Lucknow out of
which a sum of Rs. 6000/- shall be payable to the daughter Opp party no.4
and the remaining amount shall be kept for being utilised by the Mediation
Centre. It is further directed that the amount aforesaid shall be paid over to the
daughter of Opp party No.4 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 Lucknow for the
daughter of Opp. Party no.4 and the person escorting her.
The office upon deposit of the Bank draft shall issue notice within one week
to daughter of respondent no. 4 to appear in the Mediation Centre at
Allahabad High Court, Lucknow Bench, Lucknow on a date to be indicated in
the said notice stating therein that the Bank draft deposited by the petitioner
shall be delivered in the Mediation centre on the date fixed. The said notice
shall be served upon the daughter of respondent no.4 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 May 2010 alongwith report of Mediation Centre.
In the meanwhile, the arrest of the petitioners in the aforesaid case shall
remain stayed.
It may be made clear that in case, there occurs default by the petitioner 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.
It may be clarified that the case will not be treated as tied up to this Bench
shall be listed before the appropriate Bench.
Copy of this order will not be issued unless steps are taken.
Order Date :- 2.4.2010
Sks