Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 11797 of 2010 Petitioner :- Saleem & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Nishant Singh Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioners and also learned Additional
Government Advocate.
The argument substantially is that fraught relation emanating from
matrimonial bickering escalated into launching of criminal proceeding vide
F.I.R. which was registered at Case Crime No. 354 of 2010, under Sections
498-A, 323, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Khera
District Baghpat.
Having considered the arguments advanced across the bar, we 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.10000/-
with the Mediation Centre by way of Bank draft drawn in favour of Mediation
Centre, High Court, Allahabad, out of which a sum of Rs.7000/- shall be
payable to the respondent no.3, victim and the remaining amount shall be kept
for being utilised by the Mediation Centre. The amount aforesaid, it is further
directed, shall be paid over to the respondent no.3 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 respondent no.3 and the person escorting her.
The office upon deposit of the Bank draft shall issue notice within one week
to the respondent no.3, 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 petitioners shall be
delivered in the Mediation Centre on the date fixed. The said notice shall be
served upon respondent no.3 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 second
week of September, 2010 along with 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 staying arrest 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
shall be listed before the appropriate Bench.
Copy of this order will not be issued unless steps are taken.
Order Date :- 5.7.2010
Gss