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Allahabad High Court
Sumit Kumar & Others vs State Of U.P. & Others on 3 August, 2010
Court No. - 42

Case :- CRIMINAL MISC. WRIT PETITION No. - 13970 of 2010

Petitioner :- Sumit Kumar & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Aditya Prasad Mishra
Respondent Counsel :- Govt. Advocate

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.289 of 2010, under
Sections 498-A,323 and 506 IPC and Section 3/4 of D.P.Act, P.S.
Mawana, District Meerut.

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 No.1 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. 8,000/- 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 October, 2010 alongwith report of Mediation
Centre.

In the meanwhile, the arrest of the petitioners in the aforesaid case
shall remain stayed. However, it is made clear that the police will
investigate the matter but will not submit the police report during the
pendency of this writ petition before this Court.

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 :- 3.8.2010
Asha


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