Court No. 20
Writ Petition No. 7329 (M/B) of 2010
Irfan Khan alias Angraj Petitioner
Vs
State of U.P and others Opp. Parties
Hon'ble Raj Mani Chauhan, J.
Hon’ble Virendra Singh, J.
Heard learned counsel for the petitioner, learned A.G.A. as well as perused
the documents available on record.
This petition under Article 226 of the Constitution of India has been filed
by the petitioner for quashing the impugned FIR dated 18.07.2010 registered at
case crime No. 640 of 2010, under Sections 498-A, 323, 504, 506 I.P.C. and ¾
Dowry Prohibition Act, Police Station Nawabganj, District Bahraich and also for
direction to the opposite parties not to arrest the petitioner in pursuance to the said
impugned FIR.
Learned counsel for the petitioner contends that the dispute between the
parties is of matrimonial in nature. There is most likelihood that the dispute may
be resolved between the petitioner and the complainant-opposite party No.5 Smt.
Salma, who are husband and wife, through Mediation Centre. Learned counsel for
the petitioner, therefore, requests that matter may be referred to the Mediation
Centre.
In view of the submission of the learned counsel for the petitioner, the
petitioner is directed to deposit Rs.10,000/- (ten thousand) within 15 days from
today. Out of the amount so deposited, Rs. 7,000/- (seven thousand) will be paid
to the opposite party No. 5 Smt. Salma and rest of the amount of Rs.3,000/- (three
thousand) will be paid to the Mediation Centre.
Issue notice to opposite party No.5 Smt Salma to appear before this Court
on 14.09.2010 and to apprise the Court as to whether she is willing to settle the
dispute through Mediation and Conciliation Centre of this Court. Steps may be
taken within a week.
List on the same day i.e. 14.09.2010.
Till the next date of listing, the petitioner shall not be arrested by the
Investigating Officer in the aforesaid case crime number.
However, in case the petitioner fails to deposit the amount as mentioned
above, he shall not be entitled to any interim protection.
03.08.2010
Renu/-