Hon'ble Vedpal,J.
Heard Shri Rishad Murtaza, learned counsel for the petitioners, Shri Satyendra Kumar Singh learned counsel appearing for opposite party no. 3 and the learned Additional Government Advocate, who has accepted notices on behalf of opposite parties 1 and 2.
We have gone through the contents of the FIR, writ petition as well as counter affidavit filed on behalf of opposite party no. 3.
This writ petition under Article 226 of the Constitution of India has been preferred for quashing of FIR relating to case crime no. 426 of 2010, under Sections 498-A, 323, 504, 506 and 507 IPC read with Section 3/4 Dowry Prohibition Act, police station Gazipur, district Lucknow.
In para-30 of the counter affidavit it has been put forward as also averred by the learned counsel for the petitioners that since it being a matrimonial dispute every effort be made so that the parties may reconcile the same amicably before the Mediation and Conciliation Center of this Court.
There seems to be some substance in the submission made by the learned counsel for the petitioners.
Petitioner no. 1 Shri Ashwani Garg, who happens to be an Advocate and is present in the Court, states that he is ready for reconciling the matter between him and his wife Smt. Surbhi Gupta Garg, who is also present in the Court and is identified by Shri Satyendra Kumar Singh, Advocate. Smt. Surbhi Gupta Garg is also agreeing for sending the matter before the Mediation and Conciliation Center of this Court. Shri Ashwani Garg gives an undertaking that he will return all the educational certificates and other documents of Smt. Surbhi Gupta Garg, which are kept at Delhi, as soon as somebody is sent by her to collect the same.
Let the aforesaid documents be returned to Smt. Surbhi Gupta Garg by Shri Ashwani Garg on 26.06.2010.
List this petition on 29.06.2010. On this date, Shri Ashwani Garg and Smt. Surbhi Gupta Garg shall appear before this Court.
Till 29.06.2010, arrest of the petitioners in the aforesaid case crime number, shall remain stayed.
Order Date :- 22.6.2010 Chauhan/-