Court No. - 25 Case :- MISC. BENCH No. - 6120 of 2010 Petitioner :- Mohd. Obaid @ Shanu & Others Respondent :- State Of U.P., Thru. Home Secretary, & Others Petitioner Counsel :- Khaleeq Ahmad Khan,M.M. Salam Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioners and the learned Additional
Government Advocate, who has accepted notices on behalf of opposite parties
1 to 3.
By means of this writ petition preferred under Article 226 of the Constitution
of India the petitioners challenge two FIRs one relating to Case Crime No.
267 of 2010, under Sections 498-A, 323, 506 and 392 IPC read with Section
3/4 Dowry Prohibition Act, police station Saadatganj, district Lucknow and
another relating to Case Crime No. 58 of 2010, under Sections 498-A, 323
and 506 IPC read with Section 3/4 Dowry Prohibition Act, police station
Mahila Thana, district Lucknow.
We have gone through the FIR.
Argument advanced on behalf of the petitioners is that these FIRs are
verbatim copy of each other that is to say date, time and allegations made
therein are same. Opposite party no. 4 is wedded wife of petitioner no. 1
Mohd. Obaid alias Shanu and petitioner nos. 2 to 5 are parents and family
members of petitioner no. 1. It is a matrimonial dispute and if a chance for
mediating the matter between the parties is taken by sending the matter before
the Mediation and Conciliation Center of this Court, there is every possibility
of the matter being settled between them.
We find some force in the argument advanced by the learned counsel for the
petitioners, but for sending the matter before the Mediation Center consent of
opposite party no. 4 is to be obtained.
Accordingly, we direct for issuing notice to opposite party no. 4 Smt. Ashiya
Khan through Chief Judicial Magistrate, Lucknow for her appearance before
this Court on 20th July, 2010. She shall inform the Court as to whether she is
agreeable for sending the matter before the Mediation and Conciliation Centre
of this Court or not.
List this case on 20th July, 2010. On this date, petitioner no. 1 Mohd. Obaid
alias Shanu shall also appear before this Court.
Till 20th July, 2010 arrest of the petitioners in the aforesaid case crime
number shall remain stayed, provided they deposit Rs.10,000=00 (Rupees ten
thousand only) in this Court within ten days from today. Out of this amount,
Rs.8,000=00 (Rupees eight thousand only) shall be given to opposite party no.
4-Smt. Ashiya Khan on her appearance before the Mediation Centre, if she
agrees for mediation, and remaining amount of Rs.2,000=00 (Rupees two
thousand only) shall be deposited in the Account of the Mediation and
Conciliation Centre of this Court.
It is clarified that if the amount is not deposited by the petitioners within ten
days as directed above, benefit of this order would not be available to them.
29.6.2010 Chauhan/-