Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16049 of 2019 Petitioner :- Ankit Sharma And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anubhav Kumar Vimal,Vivek Kumar Singh Counsel for Respondent :- G.A.,Satish Kumar Tyagi
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Shri Vivek Kumar Singh, learned counsel for the petitioners, Shri Omprakash Mishra, learned A.G.A. and perused the impugned F.I.R. as well as material brought on record.
This petition has been moved with a prayer to quash the FIR dated 03.05.2019 registered as Case Crime No. 959 of 2019, under sections 498A, 323, 504, 506, 377 IPC and section 3/4 D.P. Act, Police Station Kavi Nagar, District Ghaziabad. Simultaneously the prayer to issue mandamus directing respondents not to arrest or harass the petitioners has also been made.
Learned counsel for the petitioners contends that this is a matrimonial dispute, so there is likelihood of the parties entering into compromise in this case, hence this matter may be referred to the mediation centre, Allahabad High Court for mediation between the parties to explore the possibilities of compromise.
Let notice be issued to O.P. No. 3 ( Smt. Anshu Sharma) by registered post as well as ordinary mode directing her to appear before the Mediation Centre of Allahabad High Court on 31.07.2019 for mediation between the parties.
Steps be taken within 15 days.
For meeting out her expenses, petitioner No. 1 is directed to deposit an amount of Rs. 20,000/- within 15 days from today at Mediation Centre out of which the amount of Rs. 15,000/- shall be paid to O.P. No.3 when she appears before the Mediation Centre on the date fixed and the remaining amount shall go to the Mediation Centre, Allahabad High Court.
It is made clear that notice shall be issued to O.P. No.3 only after deposition of aforesaid amount by petitioner No.1 at Mediation Centre.
The Mediation Centre shall, thereafter, submit its report within two months.
List thereafter on 10.10.2019, till then no coercive steps shall be taken by the court below against the accused applicants.
In case, the amount which is directed above, is not deposited, interim relief shall stand vacated.
Order Date :- 10.6.2019 Bhanu (Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.)