Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 143 of 2010 Petitioner :- Ansul & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Pankaj Dwivedi Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Shri Kant Tripathi,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. 603 of 2009 under sections 498-
A, 323, 504, 506 IPC and section ¾ of Dowry Prohibition Act, P.S. Jasrana
District Firozabad.
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. 5000/-
with the Mediation Centre by way of Bank draft drawn in favour of daughter
of Opp party no. 3. The Bank draft aforesaid, it is further directed, shall be
handed over to the daughter of Opp party No. 3 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 daughter of Opp. Party no. 3 and the person escorting her.
The office upon deposit of the Bank draft shall issue notice within one week
to respondent no. 3, calling upon him to appear alongwith his daughter, i.e.
wife of petitioner no. 1, 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 petitioner shall be delivered to her whenever she appears in
the Mediation centre on the date fixed. The said notice shall be served upon
the respondent no. 3 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 first week
of March, 2010 alongwith report of Mediation Centre.
In the meanwhile, the arrest of the petitioners 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.
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 :- 7.1.2010
RKSh