Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and the learned Additional Government Advocate, who has accepted notices on behalf of opposite parties 1 and 2.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 39/2009, under Sections 498-A, 323, 504 and 506 IPC read with Section 3/ 4 Dowry Prohibition Act, police station Mahila Thana, District Sitapur. We have gone through the FIR and the application for restitution of conjugal rights moved by petitioner no. 1 on 14.10.2009 and as submitted by the learned counsel for the petitioners the FIR is an outcome of the said suit since the same has been lodged on 04.12.2009. It is further submitted that it is a matrimonial dispute and the allegations levelled in the FIR are trivial in nature. It is next submitted that if a chance is taken by sending the matter before the Mediation Centre of this Court, there is every possibility that the parties may settle their dispute before it.
There seems some force in the submission made by the learned counsel for the petitioners.
Accordingly, we direct that notice be issued to Smt. Rehana-opposite party no. 3 through Chief Judicial Magistrate, Sitapur for her appearance before this Court on 2nd February, 2010 to ascertain from her as to whether she is agreeable for sending the matter before the Mediation and Conciliation Centre of this Court or not.
List this case on 2nd February, 2010 along with Writ Petition No. 28 (M/B) of 2010.
On the said date, Chaand Babu-petitioner no. 1 shall also appear before this Court.
Till 2nd February, 2010, arrest of the petitioners in the aforesaid case crime number shall remain stayed, provided they deposit Rs.10,,000=00 (Rupees ten thousand only) in this Court within ten days from today. Out of this amount, Rs.8,000=00 (Rupees eight thousand only) shall be given to opposite party no. 3-Smt. Rehana on her appearance before the Mediation Centre and remaining amount of Rs.2,000=00 (Rupees two thousand only) shall be deposited in the Account of the Mediation and Conciliation Centre of this Court.
It is clarified that if the amount is not deposited by the petitioners within the time stipulate above, benefit of this order would not be available to them. Order Date :- 13.1.2010 Chauhan/-