Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
Under challenge is FIR relating to Case Crime No. 578 of 2009, under Sections 498-A, 323, 504, 506 IPC & 3/4 Dowry Prohibition Act, police station Hasanganj, district Lucknow.
We have gone through the FIR. Petitioner No. 1 happens to be husband of opposite party no. 3 (complainant). From the contents of the FIR, it comes out that it is a matrimonial dispute and this FIR has been lodged since trivial dispute has been pending between the parties.
Argument advanced by the learned counsel for the petitioners is that since the petitioner No. 1 has filed a suit for restitution of conjugal rights vide Regular Suit No. 347 of 2008, this FIR has seen light of the day. It is further submitted that the dispute between the parties relates to matrimonial dispute and no serious allegations have been made in the FIR against the petitioners. He prayed that if the matter is referred to the Mediation and Conciliation Centre of this Court, there is every likely hood that the parties may reconcile their dispute.
Having gone through the contents of the FIR and considering the submissions made by the learned counsel for the petitioners, we hereby direct that the petitioners shall deposit an amount of Rs. 10,000/- (Ten Thousand) before the Mediation & Conciliation Centre of this Court within a week from today. If the aforesaid amount is deposited as directed above, an amount of Rs. 8,000/- (Eight Thousand) shall be paid to Smt. Preeti on her appearance before the Mediation & Conciliation Centre and the remaining amount of Rs. 2,000/- (Two thousand) shall be deposited in the account of Mediation and Conciliation Centre.
Thereafter, notice shall be issued to Smt. Preeti, opposite party No. 3 through Chief Judicial Magistrate, Lucknow with a direction to produce Smt. Preeti before this Court on 29.01.2010 to enable this Court to inquire from Smt. Preeti as to whether she is agreeable for referring the matter to the Mediation & Conciliation Centre.
List the case on 29.01.2010.
Till the next date of listing, arrest of the petitioners in the above mentioned case, shall remain stayed.
It is clarified that if the petitioners fail to deposit the aforesaid amount of Rs. 10,000/- (Ten Thousands) within the stipulated time, benefit of this order shall not be available to them and the police of the police station concerned will be at liberty to proceed against them in accordance with law.
Order Date :- 7.1.2010 Kaushal