Court No. - 20 Case :- MISC. BENCH No. - 6677 of 2010 Petitioner :- Mohammad Zishan Respondent :- State Of U.P., Thru. Secretary, Home & Others Petitioner Counsel :- Abdul Rafey Siddiqui,Rehan Ahmad Siddiqui Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioner and learned A.G.A. as well as
perused the documents available on record.
This petition under Article 226 of the Constitution of India has been filed by
the petitioner for quashing the impugned FIR registered at case crime 196 of
2010, under Sections 498-A, 504, 506 I.P.C. and ¾ Dowry Prohibition Act,
Police Station Vikas Nagar, District Lucknow and also for direction to the
opposite parties not to proceed, prosecute or arrest the petitioner in pursuance
to the said impugned FIR.
Learned counsel for the petitioner contends that the dispute between the
parties is of matrimonial in nature. There is most likelihood that the dispute
may be resolved between the petitioner and the complainant-opposite party
No.3 Smt. Shadab Anjum who are husband and wife, through Mediation
Centre. Learned counsel for the petitioner, therefore, requests that matter be
referred to the Mediation Centre.
In view of the submission of the learned counsel for the petitioner, the
petitioner is directed to deposit Rs.10,000/- (ten thousand) within a week from
today. Out of the amount so deposited, Rs. 7,000/- (seven thousand) will be
paid to the opposite party No. 3 Smt. Shadab Anjum and rest of the amount of
Rs.3,000/- (three thousand) will be paid to the Mediation Centre.
Issue notice to opposite party No.3 Shadab Anjum to appear before this Court
on 18.08.2010 to apprise the Court as to whether she is willing to settle the
dispute through Mediation and Conciliation Centre of this Court. Steps may
be taken within a week.
List on the same day i.e. 18.08.2010.
Till the next date of listing, the petitioner shall not be arrested by the
Investigating Officer in the aforesaid case crime number.
However, in case the petitioner fails to deposit the amount as mentioned
above, he shall not be entitled for any interim protection.
Order Date :- 19.7.2010