Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 2281 of 2010 Petitioner :- Manish Sharma & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Santosh Tripathi Respondent Counsel :- Govt. Advocate,Radheyshyam Shukla,Shiv Babu Dubey,Sumit Goyal Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioners, the learned counsel for the
complainant and also learned Additional Government Advocate.
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.88 of 2010, under
Sections 498-A, 504, 506, 307, 376, 511 I.P.C. and Section 3/4 Dowry
Prohibition Act, P.S. Kavi Nagar, District Ghaziabad.
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.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.8000/- shall be payable to the respondent no.3, victim 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 respondent no.3 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 respondent no.3 and the person escorting her.
The office upon deposit of the Bank draft shall issue notice within one
week to the respondent no.3, 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 petitioners shall be delivered in the Mediation Centre
on the date fixed. The said notice shall be served upon respondent
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 first week of October, 2010 along with report of Mediation Centre.
In the meanwhile, the arrest of the petitioners in the aforesaid case
shall remain stayed. However, it is made clear that during the
pendency of this writ petition the police will investigate the matter, but
will not submit the police report in the Court.
It may be 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 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 :- 4.8.2010