Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 625 of 2010 Petitioner :- Nakul & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Anil Kumar Ojha Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioners and also learned Addl. Government Advocate.
The argument substantially is that fraught relation emanating from matrimonial
bickering escalated into launching of criminal proceeding vide Case Crime No. 876/09
under sections 498-A, 323, 452, 506 I.P.C. and 3/4 of D.P. Act P.S. Modi Nagar, district
Ghaziabad.
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. 5000/- with the Mediation Centre
by way of Bank draft drawn in favour of Opp party No. 3, victim wife. The Bank draft
aforesaid, it is further directed, shall be handed over to 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 Opp
party No. 3 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 petitioner shall be delivered to her whenever she appears in the
Mediation centre on the date fixed. The said notice shall be served upon Opp party 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 month 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 petitioners either in depositing
the amount or in appearing before the Mediation Centre on the date or dates fixed, the
interim order 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 :- 18.1.2010
Shahnawaz