Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 29 of 2010 Petitioner :- Chand Alam & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Prashant Saxena Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Shri Kant Tripathi,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.223
of 2009, under Sections 498-A, 323, 504 and 506 IPC and 3/4 of
D.P. Act, P.S. Kotwali Bekanganj, District Kanpur Nagar.
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 Petitioner No.1 shall deposit a
sum of Rs. 5000/- with the Mediation Centre by way of Bank draft
drawn in favour of Opp party no.4. The Bank draft aforesaid, it is
further directed, shall be handed over to the Opp party No.4 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.4 and the person escorting her.
The office upon deposit of the Bank draft shall issue notice within
one week to respondent no.4 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 the respondent no.4 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
husband 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 :- 6.1.2010
Asha