Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 11939 of 2010 Petitioner :- Ganga Dhar Mishra & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Abhishek Singh Dhanivasta Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,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.294 of 2010, under
Sections 323,506 and 498-A I.P.C. and 3/4 of D.P.Act, P.S. Cantt.
Varanasi, District Varanasi.
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.
10,000/- with the Mediation Centre by way of Bank draft drawn in
favour of Mediation Centre, High Court Allahabad out of which a sum
of Rs. 7,000/- shall be payable to the daughter of Opp party no.2 and
the remaining amount shall be kept for being utilised by the Mediation
Centre. The amount aforesaid, it is further directed, shall be paid over
to the daughter of Opp party No.2 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 daugther of Opp. Party no.2
and the person escorting her.
The office upon deposit of the Bank draft shall issue notice within one
week to daugther of respondent no. 2i.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 in the Mediation centre
on the date fixed. The said notice shall be served upon the daugther of
respondent no.2 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 September, 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
petitioner 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 :- 7.7.2010
Asha