Hon'ble Vedpal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
The petitioners by means of this writ petition under Article 226 of Constitution, have prayed for quashing FIR relating to case crime no. 435 of 2010 under Sections 323, 498-A & 506 IPC read with section 3/4 of the Dowry Prohibition Act of Police Station Inayat Nagar, district Faizabad.
We have gone through the FIR as well as the divorce suit filed by petitioner No. 1 Durgesh Pratap Singh, who is the husband of opposite party no. 4 Dimple Singh, filed as far back as in the year 2007.
Argument advanced by the learned counsel for the petitioners is that the dispute between the parties relates to matrimonial dispute and no serious allegations have been made in the FIR against the petitioners. It is further stated that petitioner no. 1 is ready to keep opposite party no. 4 as his wife provided she comes and resides with the petitioner and performs her marital obligations. Learned counsel for the petitioners submits that if the matter is referred to the Mediation and Conciliation Centre of this Court, there is every likelihood 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 direct that the petitioners shall deposit an amount of Rs. 10,000/ (Rupees ten thousand) in this Court within ten days from today. If the aforesaid amount is deposited as directed above, an amount of Rs. 8,000/ (Rupees eight thousand) shall be paid to opposite party no. 4 Dimple Singh on her appearance before the Mediation & Conciliation Centre and the remaining amount of Rs. 2,000/ (Rupees two thousand) shall be deposited in the accounts of Mediation & Conciliation Centre _2_ Thereafter, notices shall be issued to opposite party no. 4 Dimple Singh through Chief Judicial Magistrate, Faizabad for her appearance before this Court on 15th July 2010 to enable this Court to inquire from her as to whether she is agreeable for referring the matter to the Mediation & Conciliation Centre or not.
List the case on 15th July 2010 Till next listing, arrest of the petitioners in the above mentioned case shall remain stayed.
It is clarified that if the petitioners fails to deposit the aforesaid amount of Rs. 10,000/ within the stipulated time, benefit of this order will 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 :- 28.6.2010 anb