Court No. - 20 Case :- MISC. BENCH No. - 7279 of 2010 Petitioner :- Debashish Sinha Respondent :- State Of U.P.,Thru. Secretary, Home & Others Petitioner Counsel :- U.C. Saxena Respondent Counsel :- G.A.,Sabih Ahmad Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Singh,J.
Heard learned counsel for the petitioner, learned A.G.A and learned
counsel for the opposite party no.4. as well as perused the
documents available on record.
This petition under Article 226 of the Constitution of India has been
filed by the petitioner for quashing the impugned FIR, registered in
case crime no.56/2010, under Sections 323, 504, 506 IPC & 3/4
Dowry Prohibition Act, Police Station Mahila Thana Hazratganj,
Lucknow, and also for direction to the opposite parties not to arrest
the petitioner in pursuance to the said impugned FIR.
Learned counsel for the petitioner contends that the dispute between
the parties is of matrimonial in nature which can be settled between
the petitioner and the opposite party no.4, who are husband and
wife, through Mediation Centre. Learned counsel for the petitioner
therefore requests that matter be referred to the Mediation Centre.
Issue notice to opposite party no.4 to appear on 30.08.2010 to
apprise the Court whether she is ready to get the matter settled
through Mediation Centre.
The petitioner is directed to deposit Rs. 15,000/-(Ten Thousand)
within a week from today. Out of the amount so deposited, Rs.
10,000/- will be paid to the opposite party no.4. and rest of the
amount of Rs. 5,000/- will be paid in the account of Mediation and
Conciliation Centre of this Court.
List on 30.08.2010.
Till the next date of listing, the petitioner shall not be arrested by
the Investigating Officer in the aforesaid case crime number.
However, in case the petitioner fails to deposit the amount as
mentioned above, he shall not be entitled for any interim protection.
Order Date :- 3.8.2010