Court No. - 28 Case :- APPLICATION U/S 482 No. - 220 of 2010 Petitioner :- Hridayveer Vikram Respondent :- State Of U.P. And Another Petitioner Counsel :- S.B. Yadav Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the petitioner 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
the complaint which has been registered as complaint case No. 1028 of
2009 under sections 498A, 323, 504 and 506 IPC, P.S Nawabad, District
Jhansi in the court of Civil Judge, (J.D.) Jhansi.
Having considered the arguments advanced across the bar, I 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
petitioner, it is directed that Petitioner shall deposit a sum of Rs. 5000/- with
the Mediation Centre by way of Bank draft drawn in favour of Opp party no.
2. The Bank draft aforesaid, it is further directed, shall be handed over to the
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 Opp.
Party no.2 and the person escorting her.
The office upon deposit of the Bank draft shall issue notice within one week
to respondent no. 2 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. 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 March, 2010 alongwith report of Mediation Centre.
In the meanwhile, the arrest of the petitioner in the aforesaid case shall remain
stayed.
It may 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.
Copy of this order will not be issued unless steps are taken.
Order Date :- 13.1.2010
MTA