Court No. - 25 Case :- MISC. BENCH No. - 9259 of 2009 Petitioner :- Rajendra Singh And Others Respondent :- State Of U.P.Lucknow And Others Petitioner Counsel :- B.D.Sharma Respondent Counsel :- Govt.Advocate Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and learned Additional Government
Advocate.
By means of this petition, the petitioners have challenged first information
relating to Case Crime No. 488 of 2009 under Sections 498-A, 504 and 506
IPC read with Section 3/4 of the Dowry Prohibition Act of Police Station
Kurebhar, district Sultanpur.
Since the dispute going between the parties related to matrimonial dispute, as
such, this Court by order 18.09.2009 had referred the matter to the Mediation
& Conciliation Centre of this Court. The Mediation & Conciliation Centre
after mediation has submitted its report dated 21.12.2009 which is on record
and is made part of this Judgement. From the report of the Mediation &
Conciliation Centre, it is borne out that the mediation between the parties has
failed.
We have gone through the contents of the first information report which
disclose commission of cognizable offence, as such, the same cannot be
quashed.
However, it is directed that if petitioner No. 6 surrenders before the court
below and moves application for bail, she being lady, her bail application
shall be heard and disposed of by the court below giving her benefit of
Section 437 Cr.P.C.
It is further directed that if the remaining petitioners surrender before the
court below and move application for bail, their bail application shall be heard
and disposed of expeditiously by the courts below.
Subject to the above observations/directions, the petition is dismissed.
Stay order, if any, is hereby vacated.
Order Date :- 7.1.2010
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