Court No. - 20 Case :- MISC. BENCH No. - 6568 of 2010 Petitioner :- Suresh Kumar Saroj Respondent :- State Of U.P., Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Santosh Kumar Pandey Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar DIXIT,J.
Heard learned counsel for the petitioner and learned A.G.A. and perused the
F.I.R.
This writ petition under Article 226 of the Constitution of India has been filed
by the petitioner for quashing the impugned F.I.R. lodged by the opposite
party no.3, registered as Case Crime No.258 of 2010, under Sections 498-A,
323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station
Lalganj, District Pratapgarh 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, Krishnawati through Mediation Center. Learned counsel for the
petitioner, therefore, requests that the matter be referred to the Mediation
Center of this Court.
In view of the submission of the learned counsel for the petitioner, the
petitioner is directed to deposit an amount of Rs.10,000/- (Rupees ten
thousand) within seven days from today. Out of the amount so deposited,
Rs.7000/- (seven thousand) will be paid to the opposite party no.3, Smt.
Krishnawati, and rest o the amount of Rs.3000/- (three thousand) will be paid
to the Mediation and Conciliation Center of this Court.
Issue notice to opposite party no.3, Smt. Krishnawati to appear before this
Court on 11.08.2010. Steps may be taken within a week.
List on same day i.e.11.08.2010.
Till the next date of listing, the petitioner will not be arrested by the
Investigating Officer in the aforesaid Case Crime No.258 of 2010, under
Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act,
Police Station Lalganj, District Pratapgarh.
However, in case the petitioner fails to deposit the amount as mentioned
above, he will not be entitled to any interim protection.
Order Date :- 15.7.2010
PAL