Court No. - 52 Case :- APPLICATION U/S 482 No. - 14150 of 2010 Petitioner :- Rishi Kumar And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- U.K.Pushkar Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicants, learned A.G.A for the State and
perused the record.
By means of this present application, learned counsel for the applicants made
a prayer to quash/stay the criminal proceeding pending in the Court of
Additional Chief Judicial Magistrate, Aligarh arising out of Case No. 1208 of
2009(State V. Rishi Kumar and others) under Sections 498-A, 323, 506 I.P.C.
and under Section 3/4 of Dowry Prohibition Act, P.S. Vijay Garh, District-
Aligarh.
Learned counsel for the applicants contended that it is matrimonial and family
dispute. The allegation is that there was demand of dowry of Rs. 1,00,000/- to
start his business. Hence, in view of the allegation, no offence is made out
under the 3/4 Dowry Prohibition Act and Section 498-A I.P.C. He also
contended that if notices were issued and if the matter will be referred to
Mediation and Conciliation Centre, there is chances of compromise in
between the parties.
Issue notice to opposite party No.2 returnable at an early date.
If a draft for a sum of Rs. 5,500/- is deposited in the name of Smt Bhawana,
wife of applicant No.1(daughter of opposite party No.2) with the Registry of
the High Court, within a period of three weeks from today, the matter will be
referred to Mediation Centre. The aforesaid draft which is in the name of Smt.
Bhawana shall be handed over to her on her first appearance. If she fails to
appear the aforesaid draft, the same shall be returned to the applicant within a
period of validity.
List on 10th August, 2010 before the appropriate Court with report of the
Mediation Centre, if any.
Till the next date of listing, further proceedings of Case No. 1208 of 2009
(State V. Rishi Kumar and others) under Sections 498-A, 323, 506 I.P.C. and
under Section 3/4 of Dowry Prohibition Act, P.S. Vijay Garh, District-
Aligarh. shall remain stayed.
Order Date :- 10.5.2010
Sunil Kr Tiwari