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Abhishek Gupta @ Monu, vs State Of U.P., Thru. Secretary, ...

High Court Of Judicature at Allahabad|23 June, 2010

JUDGMENT / ORDER

Hon'ble Vedpal,J.
Heard learned counsel for the petitioner and the learned Additional Government Advocate, who has accepted notices on behalf of opposite parties 1 to 3.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 189 of 2010, under Sections 323, 506 and 498-A IPC read with Section 3/ 4 Dowry Prohibition Act, police station Gudamba, District Lucknow. We have gone through the FIR.
Argument advanced on behalf of the petitioner is that it is a matrimonial dispute and the petitioner happens to be husband of Deepali Gupta alias Seetu, daughter of the complainant. Allegations levelled in the FIR are simple in nature. If for mediating the matter between the parties efforts are made, there is every possibility of the matter being settled between them.
There seems to be some substance in the arguments advanced by the learned counsel for the petitioner.
Accordingly, we direct for issuing notice to opposite party no. 4 Badri Prasad Gupta through Chief Judicial Magistrate, Lucknow requiring him to put in appearance of his daughter Deepali Gupta alias Seetu before this Court on 07.07.2010 so that it may be ascertained from her as to whether she is agreeable for sending the matter before the Mediation and Conciliation Centre of this Court or not.
List this case on 7th July,2010. On this date, petitioner Abhishek Gupta alias Monu shall also appear before this Court.
Till 7th July, 2010 arrest of the petitioner in the aforesaid case crime number shall remain stayed, provided he deposits Rs.20,000=00 (Rupees twenty thousand only) in this Court within one week from today. Out of this amount, Rs.15,000=00 (Rupees fifteen thousand only) shall be handed over to Deepali Gupta alias Seetu on her appearance before the Mediation Centre, if she agrees for mediation, and remaining amount of Rs.5,000=00 (Rupees five thousand only) shall be deposited in the Account of the Mediation and Conciliation Centre of this Court.
It is clarified that if the amount is not deposited by the petitioner within one week as directed above, benefit of this order would not be available to him. Order Date :- 23.6.2010 Chauhan/-
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Title

Abhishek Gupta @ Monu, vs State Of U.P., Thru. Secretary, ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
23 June, 2010