Court No. - 5 Case :- U/S 482/378/407 No. - 396 of 2009 Petitioner :- Mool Chand and others. Respondent :- State Of U.P. Petitioner Counsel :- Shiv Pal Singh Respondent Counsel :- Govt.Advocate Hon'ble Vedpal,J.
Heard learned counsel for the petitioners and learned Additional Government
Advocate and perused the record of the case.
The petitioners by means of this petition under Section 482 Cr.P.C. have
prayed for quashing the proceeding of Complaint Case No.129 of 2008 under
Sections 323/498-A I.P.C. and Section 3/4 of Dowry Prohibition Act
pending in the court of Vth Additional Civil Judge/J.D./Judicial Magistrate,
Bahraich.
Argument advanced by learned counsel for the petitioners is that the dispute
between the parties is matrimonial. He prayed that if the matter is referred to
the Mediation and Conciliation Centre of this Court, there is every likelihood
that the parties may reconcile their dispute.
I have gone through the contents of the impugned order and considering the
submissions made by the learned counsel for the petitioners, it is provided that
petitioner no.1, husband shall deposit an amount of Rs.10,000/-( Rupee ten
thousand) in this court within a week from today. If the aforesaid amount is
deposited as directed above, an amount of Rs.8000/- shall be paid to Smt.
Sona on her appearance before the Mediation and Conciliation Centre and the
remaining amount of Rs.2000/- shall be deposited in the account of Mediation
and Conciliation Centre.
Thereafter, notice shall be issued to opposite party no.2 for her appearance
through the Chief Judicial Magistrate, Gonda with a direction that she will
appear before this Court on 27.8.2010 to enable this Court to inquire from her
as to whether she is agreeable for referring the matter to the Mediation and
Conciliation Centre. List on 27.8.2010 for appearance of the parties.
Till the next date of listing no coercive process shall be taken against the
petitioners. However, it is clarified that if the petitioner no.1 fails to deposit
the aforesaid amount of Rs.10,000/- within the stipulated time, benefit of this
order will not be available to the petitioners and the Police of the Police
Station concerned will be at liberty to proceed against them in accordance
with law.
Order Date :- 12.8.2010
Shukla
