Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21853 of 2019 Petitioner :- Aslam Khan And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vidya Sagar Dwivedi,Sunil Kumar Dwivedi Counsel for Respondent :- G.A.,Rajeev Kumar Rai
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Sunil Kumar Dwivedi learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 28.7.2019 in case crime No. 0090 of 2019, under Sections 498A, 323, 406, 354, 376, 377, 511 IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Gautam Budh Nagar.
It is an offshoot of a matrimonial dispute. Learned counsel for the petitioner states parties are prepared for settlement by way of mediation and the petitioner at his own initiative, is willing and ready to deposit a sum of Rs. 50,000/- to demonstrate his bonafides.
The matter is referred to Mediation and Conciliation Centre of this Court. The petitioner shall deposit a sum of Rs. 50,000/- by way of demand draft in the name of "Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre", within three weeks from today before the Mediation Centre of this Court. The said amount shall be handed over to the wife / victim.
Parties to appear before the Centre on 23.10.2019.
Respondents may file counter affidavit's within three weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List in the week commencing 16.12.2019 before the appropriate Court.
Till the next date of listing, no coercive measures shall be taken against the petitioner.
The Office shall issue certified copy of this order, only upon furnishing the proof of said deposit.
Order Date :- 27.9.2019 AS