Court No. - 25 Case :- MISC. BENCH No. - 9138 of 2009 Petitioner :- Mohd. Haneef S/O Late Nathani & Ors. Respondent :- State Of U.P. Thru Secy. Home & Others Petitioner Counsel :- Rajendra Singh Kushwaha Respondent Counsel :- G.A.,Anit Mishra,Rahul Mishra,Ram Samujh Yadav Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and learned Additional Government
Advocate.
By means of this petition, the petitioners have challenged first information
relating to Case Crime No.266 of 2009 under Section 498-A, 323, 504 & 506
IPC read with section 3/4 Dowry Prohibition Act of Police Station Vikas
Nagar, district Lucknow.
Since the dispute going between the parties related to matrimonial dispute, as
such, this Court by order dated 18.09.2009 had referred the matter to the
Mediation & Conciliation Centre of this Court. The Mediation & Conciliation
Centre after mediation has submitted its report dated 17.12.2009, which is on
record and is made part of this Judgment. From the report of the Mediation &
Conciliation Centre, it is borne out that the mediation between the parties has
failed.
We have gone through the contents of the first information report which
disclose commission of cognizable offence, as such, the same cannot be
quashed.
However, it is directed that if petitioner No 2 Smt Zubaida, petitioner no. 3
Km. Rahisun, petitioner no. 4 Km. Jooli, petitioner No. 7 Smt. Nafeesa and
petitioner No. 8 Smt Jameela surrender before the court below and move
application for bail, they being ladies, their bail application shall be heard and
disposed of expeditiously giving them the benefit of Section 437 Cr.P.C.
Subject to the above, the writ petition is dismissed.
Stay order if any, is hereby vacated.
Order Date :- 7.1.2010
anb