Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 14014 of 2010 Petitioner :- Amrish Kumar Agrawal & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Anurag Yadav 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.
By means of this petition, the petitioners have prayed for quashing the FIR in case crime No. 93
of 2010 under section 498 A, 323 IPC and section 3/4 of the Dowry Prohibition Act P.S.
Mahila Thana Sub District Sadar District Moradabad.
The argument substantially is that fraught relation emanating from matrimonial bickering
escalated into launching of criminal proceeding.
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 parties, it is directed that
the petitioner no. 2 shall deposit a sum of Rs. 10,000/- with the Mediation Centre by way of
Bank draft out of which a sum of Rs. 8000/- shall be paid to Opp. party no.3 on her
appearing before the Mediation Centre on the date fixed. and the remaining amount shall be
deposited for being utilised by the Mediation Centre. The amount aforesaid, it may be clarified,
is 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 no
3 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 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 third week of Sept 2010 alongwith report of
Mediation Centre.
In the meanwhile, the arrest of the petitioners who are wanted in case crime as aforestated 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
aforesaid 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 and shall be listed
before the appropriate Bench.
Copy of this order will not be issued unless steps are taken.
Order Date :- 3.8.2010
MH