Court No. - 20 Case :- MISC. BENCH No. - 7237 of 2010 Petitioner :- Nazim Ali, Respondent :- State Of U.P., Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Rajieu Kumar Tripathi,Brij Raj Tripathi Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Singh,J.
Heard learned counsel for the petitioner, learned A.G.A and learned
counsel for the opposite party no.4 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 in
case crime no.1082 of 2010 under Sections 323/504/506/498-A IPC
and Section 3/4 of the Dowry Prohibition Act, at Police Station
Kotwali City & Dist. Bahraich and also for direction to the opposite
parties not to 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 which can be settled through
Mediation Centre. Learned counsel for the petitioner therefore
requests that matter be referred to the Mediation Centre.
Issue notice to opposite party no.4 to appear on 27.08.2010 to
apprise the Court whether she is ready to get the matter referred to
Mediation Centre.
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/- will be paid to the opposite party no.4 and rest of the
amount of Rs.3,000/-will be paid in the account of Mediation and
Conciliation Centre of this Court.
List on 27.08.2010.
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 :- 2.8.2010
Shahnaz