Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 816 of 2010 Petitioner :- Bal Krishna & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Raghavendra Dwivedi,C.P. Garg Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,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.735 of 2009, under Sections 498-A, 323,504,506
IPC and Section 3/4 of D.P.Act, P.S. Binwar, District
Hameerpur.
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 Petitioners shall
deposit a sum of Rs. 8000/- 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. 5000/- shall be
payable to the Opp party no.3 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 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 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 no3, 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 petitioner shall be delivered 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 second 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 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 :- 21.1.2010
Asha