Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 767 of 2010 Petitioner :- Jitendra Gaur & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Mohd. Afzal Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioners and also learned Addl.
Government Advocate.
The argument substantially is that fraught relation emanating from
matrimonial bickering escalated into launching of criminal proceeding
vide Case Crime No. 1030/09 under sections 498-A and 307 I.P.C. and
3/4 of D.P. Act P.S. Kotwali Nagar, Sadar, district Bulandshahr.
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 the petitioners shall deposit a sum of Rs.
5000/- with the Mediation Centre by way of Bank draft drawn in favour of
Opp party No. 3, father of the victim The Bank draft aforesaid, it is
further directed, shall be handed over to Opp party No. 3 on his
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. 3
and the person escorting him.
The office upon deposit of the Bank draft shall issue notice within one
week to Opp party No. 3 i.e the father of the victim calling upon him 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 him whenever he appears in the
Mediation centre on the date fixed. The said notice shall be served upon
Opp party No. 3 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 month 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 made clear that in case, there occurs default by the petitioners
either in depositing the amount or in appearing before the Mediation
Centre on the date or dates fixed, the interim order 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 :- 19.1.2010
Shahnawaz