Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12310 of 2021 Petitioner :- Danish Ahmad Khan And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioners, the learned A.G.A. for the State and Sri Sanjay Prasad Pathak, learned counsel who has filed vakalatnama on behalf of the respondent no.3 today.
The petitioners, by means of this writ petition under Article 226 of the Constitution of India, has invoked the inherent jurisdiction of this Court with prayer to quash the impugned First Information Report dated 28.9.2021 registered as Case Crime No.65 of 2021 under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, District Aligarh.
Drawing attention to paragraphs 18 and 19 of the writ petition, learned counsel for the petitioners submits that petitioner no.1 is ready to keep his wife and matter can be settled through Mediation Centre of this Court. However, in paragraph 20 of the writ petition, it has been disclosed that petitioner no.1 is doing private job in Saudi Arbia.
In such view of the matter, on a pointed query, learned counsel for the petitioners submits that petitioner no.1 shall make himself available during mediation proceedings on whatever date fixed by the Mediation Centre.
In view of the above, it is directed that petitioners shall deposit a sum of Rs.50,000/- within two weeks from today with the Mediation Centre of this Court out of which Rs.45,000/- shall be paid to the opposite party no.3, on the date fixed, for her appearance before the Mediation Centre and Rs. 5000/- shall be retained by the Mediation Centre as mediation fee.
The matter is remitted to the Mediation Centre with the direction that after deposit of such amount, by the petitioners, it shall issue notice to the parties fixing some date for mediation and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months.
List after expiry of aforesaid period before the appropriate Bench along with the report of Mediation Centre.
Till the next date of listing, no coercive action shall be taken against the petitioners in the above mentioned case. It is made clear that in case there occurs default by the petitioners either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter.
Order Date :- 20.12.2021 Ram Murti