Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 26734 of 2009 Petitioner :- Gulzar Ahmad And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Rajesh Kumar Pandey 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. 818 of 2009 under Sections
498-A, 323 and 506 IPC and 3/4 of Dowry Prohibition Act, P.S. Kotwali
Dehat, District Buland Shahar.
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, Gulzar Ahmad shall deposit a
sum of Rs. 5000/- with the Mediation Centre by way of Bank draft drawn in
favour of Opp party no.4, Smt. Rukyya. 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 :- 4.1.2010
Asha