Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 12794 of 2010 Petitioner :- Smt. Seeta Devi & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Pankaj Roy Respondent Counsel :- Govt. Advocate,Yashwant Singh Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioners and also learned A.G.A.
appearing for the State.
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.Nil of 2010, under
Sections 323,504,506 and 498-A IPC and 3/4 of D.P. Act, P.S.
Kotwali City, District Mirzapur.
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 petitioner Vipin Kumar alias Nanhakulli
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. 7,000/- shall be payable to the
Opp party 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 the Opp party 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 Opp. Party no.3 and
the person escorting her.
The office upon deposit of the Bank draft shall issue notice within one
week to 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
petitioner shall be delivered in the Mediation centre on the date fixed.
The said notice shall be served upon the 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 alongwith 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
petitioner 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 :- 19.7.2010
Asha