Court No. - 25 Case :- MISC. BENCH No. - 6091 of 2010 Petitioner :- Durgesh Pratap Singh & Others Respondent :- State Of U.P., Thru. Secretary, Home & Others Petitioner Counsel :- Prabhu Ranjan Tripathi Respondent Counsel :- G.A.,S.C. Tiwari Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioners and learned Additional
Government Advocate.
The petitioners by means of this writ petition under Article 226 of
Constitution, have prayed for quashing FIR relating to case crime
no. 435 of 2010 under Sections 323, 498-A & 506 IPC read with
section 3/4 of the Dowry Prohibition Act of Police Station Inayat
Nagar, district Faizabad.
We have gone through the FIR as well as the divorce suit filed by
petitioner No. 1 Durgesh Pratap Singh, who is the husband of
opposite party no. 4 Dimple Singh, filed as far back as in the year
2007.
Argument advanced by the learned counsel for the petitioners is
that the dispute between the parties relates to matrimonial dispute
and no serious allegations have been made in the FIR against the
petitioners. It is further stated that petitioner no. 1 is ready to keep
opposite party no. 4 as his wife provided she comes and resides
with the petitioner and performs her marital obligations. Learned
counsel for the petitioners submits that if the matter is referred to
the Mediation and Conciliation Centre of this Court, there is every
likelihood that the parties may reconcile their dispute.
Having gone through the contents of the FIR and considering the
submissions made by the learned counsel for the petitioners, we
direct that the petitioners shall deposit an amount of Rs. 10,000/
(Rupees ten thousand) in this Court within ten days from today. If
the aforesaid amount is deposited as directed above, an amount of
Rs. 8,000/ (Rupees eight thousand) shall be paid to opposite party
no. 4 Dimple Singh on her appearance before the Mediation &
Conciliation Centre and the remaining amount of Rs. 2,000/
(Rupees two thousand) shall be deposited in the accounts of
Mediation & Conciliation Centre
_2_
Thereafter, notices shall be issued to opposite party no. 4 Dimple
Singh through Chief Judicial Magistrate, Faizabad for her
appearance before this Court on 15th July 2010 to enable this
Court to inquire from her as to whether she is agreeable for
referring the matter to the Mediation & Conciliation Centre or not.
List the case on 15th July 2010
Till next listing, arrest of the petitioners in the above mentioned
case shall remain stayed.
It is clarified that if the petitioners fails to deposit the aforesaid
amount of Rs. 10,000/ within the stipulated time, benefit of this
order will not be available to them and the police of the police
station concerned will be at liberty to proceed against them in
accordance with law.
Order Date :- 28.6.2010
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