Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 12060 of 2010 Petitioner :- Musharraf Respondent :- State Of U.P. And Anr. Petitioner Counsel :- Aijaz Ahmad Khan Respondent Counsel :- Govt. Advocate Hon'ble Shyam Shankar Tiwari,J.
Heard learned counsel for the revisionist and also learned Addl. Government
Advocate.
The argument substantially is that fraught relation emanating from
matrimonial bickering escalated into launching of criminal proceeding vide
Case Crime No. 747/08 under section 406 Cr.P.C. P.S. Masoori, District
Ghaziabad.
Having considered the arguments advanced across the bar, I 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/- within 15 days with the Mediation Centre by way of Bank Draft in
favourof Mediation Centre, High Court, Allahabad, out of which a sum of Rs.
5000/- shall be payable to the Opp party No. 2, victim wife and the remaining
amount shall be kept for being utilised by the Mediation Centre. The amount
aforesaid, it is further directed that the amount shall be handed over to Opp
party No. 2 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.
2 and the person escorting her.
The office upon deposit of the Bank draft shall issue notice within one week
to Opp party No. 2 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 petitioner shall be
delivered to her whenever she appears in the Mediation centre on the date
fixed. The said notice shall be served upon Opp party No. 2 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 month of
Sept., 2010 alongwith report of Mediation Centre.
In the meanwhile, the arrest of the petitioners in the aforesaid case shall
remain stayed.
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 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 :- 12.7.2010
Ak/