Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25596 of 2019 Petitioner :- Shri Atul Lal And 5 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Himanshu Aeron,Shambhu Chopra(Senior Adv.) Counsel for Respondent :- G.A.,Girja Shanker Sen,Krishna Dutt Awasthi Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
By order of the Court dated 6.12.2019, this petition initially filed as Application under Section 482 Cr.P.C., has been allowed to be converted into a writ petition.
We direct the learned counsel for the petitioner to implead the Station House Officer of Police Station concerned where the F.I.R. has been lodged as respondent No. 3 in array of parties during the course of day.
Heard Mr. Shambhu Chopra, learned Senior Advocate and Mr. Himanshu Aeron, learned counsel for the petitioners, learned A.G.A for the State and Sri Krishna Dutt Awasthi, learned counsel for the opposite party no.2.
The petitioners in the present writ petition are seeking quashing of the FIR dated 23.08.2019 registered in Case Crime no. 142 of 2019 under Sections 498A/506 of I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Aliganj, District- Bareilly.
Submission of learned counsel for the petitioners is that the matter relates to matrimonial dispute and he has all the intentions to settle the same amicably with the respondent. In order to show his bona fides the petitioners are prepared to deposit Rs. 20,000/- to be handed over to the wife on her first appearance. Petitioners' counsel strenuously urged that this case may be referred to the Mediation Centre of this Court so that the couple may have a chance to settle their dispute on their own terms through mediation.
The Court is also satisfied on the basis of record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through process of mediation and an attempt ought to be made to explore that possibility.
Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court, Allahabad. The petitioners will deposit Rs.20,000/- within two weeks at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties returnable within a period of four weeks. Out of the same, Rs. 18,000/- shall be handed over to the wife/Opposite Party No. 2 on her first appearance with regard to her maintenance and minimum expenses. Rs. 2,000/- will remain deposited with the Mediation Centre.
The mediator is allowed three months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.
List this case before the appropriate Bench along with report of the mediator after three months.
Till the next date of listing, no coercive action shall be taken against the petitioners in the aforesaid case.
It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the petitioners in the mediation proceedings, the interim stay order shall stand automatically vacated.
Order Date :- 17.12.2019 SY