Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 12157 of 2010 Petitioner :- Kuldeep Pandey & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Anil Kumar Pandey,Singh Vinod Kumar Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,J.
Shri Ram Mani Upadhyay, the learned counsel has filed
vakalatnama on behalf of complainant, which is taken on record.
Heard learned counsel for the petitioners, the learned counsel for
the complainant and also learned Additional Government
Advocate.
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.577 of 2010, under Sections 498-A, 323, 504, 506 I.P.C. and
Section 3/4 Dowry Prohibition Act, P.S. Haraiyya, District Basti.
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 the petitioners 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,
out of which a sum of Rs.7000/- shall be payable to the victim,
Smt. Madhurima Pandey, the respondent no.4 and the remaining
amount shall be kept for being utilised by the Mediation Centre.
The amount aforesaid, it is further directed, shall be paid over to
the respondent 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 Allahabad for the respondent no.4 and the
person escorting her.
The office upon deposit of the Bank draft shall issue notice within
one week to the respondent no.4, 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 petitioners shall be delivered in the
Mediation Centre on the date fixed. The said notice shall be
served upon 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 September, 2010 along with 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
petitioners 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 :- 9.7.2010
Mustaqeem.