Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 26561 of 2009 Petitioner :- Meesum Abbas & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Mohd. Aslam Ansari Respondent Counsel :- Govt. Advocate,S.M.A. Abdy Hon'ble Imtiyaz Murtaza,J.
Hon’ble Shri Kant Tripathi,J.
Heard learned counsel for the petitioners and also learned Addl. Government Advocate.
By means of this petition, the petitioners have prayed for quashing the FIR in case crime No.
326 of 2009 under section 498 A, 323, 506 IPC and section 3/4 of the Dowry Prohibition act
P.S. Nanauta Distt Saharanpur.
The argument substantially is that fraught relation emanating from matrimonial bickering
escalated into launching of criminal proceeding.
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 parties, it is directed that
the petitioner no. 1 shall deposit a sum of Rs. 5000/- with the Mediation Centre by way of
Bank draft drawn in favour of Opp party no. 4 . 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 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 namely Meesum Abbas, Smt. Shaudai Begum,
Saba and Ata Abbas who are wanted in case crime as aforestated shall remain stayed.
It may 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
aforesaid 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 and shall be listed
before the appropriate Bench.
Copy of this order will not be issued unless steps are taken.
Order Date :- 4.1.2010
MH