Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 12558 of 2010 Petitioner :- Sandeep & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- S.C. Tiwari 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.514 of 2010, under Sections 498-A, 323, 504, 506 I.P.C. and
Section 3/4 Dowry Prohibition Act, P.S. Barra, District Kanpur
Nagar.
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.10,000/- 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 victim,
Smt. Abhilasha, the daughter of respondent no.3 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 Smt. Abhilasha, the daughter of 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 Smt. Abhilasha, the daughter of respondent no.3
and the person escorting her.
The office upon deposit of the Bank draft shall issue notice within
one week to Smt. Abhilasha, the daughter of 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 Smt. Abhilasha, the daughter of
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 :- 15.7.2010
Mustaqeem.