Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 16598 of 2020 Petitioner :- Amir Khan And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjai Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Sanjay Kumar Pandey, learned counsel for the petitioners and learned AGA for the State.
This writ petition has been filed seeking quashing of the first information report dated 28.10.2020 in Case Crime No.0260 of 2020, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Munderva, District Basti with a further prayer not to adopt any coercive measure against the petitioners pursuant to the said FIR.
Submission of learned counsel for the petitioners is that petitioners have been falsely implicated in the present case on the basis of false and concocted story only to harass and humiliate the petitioners. Further submission is that petitioner no.1 is husband, petitioner no.2 is mother-in-law, petitioner no.3 is brother-in-law whereas the petitioner no.4 is daughter-in-law. Further submission is that there is possibility of settlement between husband and wife, if matter is referred to the Mediation Centre of this Court.
Without entering into the merits of the submissions made, it appears that it is a fit case for being referred to the Mediation Centre of this Court as there are chances of reconciliation/settlement between the parties.
Under the circumstances, in case the petitioners deposit a sum of Rs.20,000/- through bank draft drawn in favour of the RG A/c AHCMCC within a period of 10 days from today, the Mediation Centre shall send notice to the respondent no.4 fixing a date for mediation. It is also observed that an attempt shall be made to conclude the mediation proceedings expeditiously preferably within a period of three months.
List this matter on 09.04.2021 before appropriate Bench. Till then, no coercive action shall be taken against the petitioners.
It is clarified that this order shall not operate, in case, amount required to be deposited by the petitioners through bank draft is not deposited within the time specified above.
From the amount of Rs.20,000/- deposited, a sum of Rs.10,000/- may be appropriated by the Mediation Centre for whatever purpose and the remaining amount of Rs.10,000/- shall be handed over to the opposite party no.4 on the conclusion of the mediation proceedings, irrespective of their outcome.
Order Date :- 8.1.2021 Ajeet