Court No. - 20 Case :- MISC. BENCH No. - 6878 of 2010 Petitioner :- Shailendra Nath Sharma Respondent :- State Of U.P.,Thru. Superintendent Of Police,Lucknow & Ors. Petitioner Counsel :- Vinod Kumar Tiwari Respondent Counsel :- G.A.,Ratnesh Chandra Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Sri Ratnesh Chandra puts in appearance on behalf of the complainant-
opposite party No.3, Yogita Sharma and files counter affidavit on her behalf,
which is taken on record.
Heard learned counsel for the petitioner and the learned A.G.A. as well as
perused the documents available on record.
This writ petition under Article 226 of the Constitution of India has been filed
by the petitioner for quashing the impugned F.I.R. dated 6.7.2010, lodged by
the opposite party no.3 at Crime No. 500 of 2010, under Sections 498-A,
323, 506 I.P.C. and Section ¾ Dowry Prohibition Act, registered at Police
Station Thakurganj, District Hardoi and also for direction to the opposite
parties not to arrest the petitioner in pursuance of the said impugned F.I.R.
Learned counsel for the petitioner contends that the dispute between the
parties is of matrimonial in nature. There is most likelihood that the dispute
may be resolved between the petitioner and the complainant -opposite party
no.3, Yogita Sharma through Meditation Learned counsel for petitioner,
therfore, requests that the complainant-opposite party No.3 may be called
upon to appear before this Court to show her willingness as to whether she is
ready to refer the matter before the Mediation and Conciliation Center of this
Court.
In view of the submission of the learned counsel for the petitioner, the
petitioner and the complainant-opposite party No.3 are directed to appear
before this Court on 28.07.2010. The petitioner is further directed to deposit
Rs. 10,000/-(ten thousand) by Monday i.e. 26.7.2010. Out of the amount so
deposited, Rs. 7,000/-(seven thousand) will be paid to the opposite party no.3,
Yogita Sharma and rest of the amount of Rs. 3,000/- (three thousand) will be
paid in the account of the Mediation and Conciliation Center of this Court.
List on 28.07.2010.
Till the next date of listing, the petitioner will 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 will not be entitled to any interim protection.
Order Date :- 23.7.2010
Sanjay