Hon'ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioners and also learned A.G.A. appearing for the State.
The argument substantially is that fraught relation emanating from matrimonial bickering escalated into launching of criminal proceeding vide F.I.R. which was registered at case crime No.7 of 2011, under sections 498A, 323, 504, 506 I.P.C., Police Station-Modinagar, District-Ghaziabad.
Having considered the arguments advanced across the bar, we have a feeling that Court owes a duty to the society to strain to the utmost to repair the frayed relations between the parties so that the wounded situation may be healed into a healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties.
While referring the matter to Mediation Centre with the consent of the petitioners, it is directed that petitioner No.1 shall deposit a sum of Rs. 10,000/- with the Mediation Centre by way of Bank draft drawn in favour of Mediation Centre, High Court Allahabad out of which a sum of Rs. 8,000/- shall be payable to the Opp party no.3 and the remaining amount shall be kept for being utilised by the Mediation Centre. The amount aforesaid, it is further directed, shall be paid over to the Opp party No.3 on her appearing before the Mediation Centre on the date fixed. The amount aforesaid, it may be clarified, are meant to meet expenses to be incurred for attending mediation sessions at Allahabad for the Opp. Party no.3 and the person escorting her.
The office upon deposit of the Bank draft shall issue notice within one week to respondent no.3 i.e the wife calling upon her to appear in the Mediation Centre at Allahabad High Court on a date to be indicated in the said notice stating therein that the Bank draft deposited by the petitioner shall be delivered in the Mediation centre on the date fixed. The said notice shall be served upon the respondent no.3 through C.J.M concerned. It needs hardly be said that both the parties shall appear either on the date fixed or on a future date as may be agreed before the Mediation Centre for reconciliation.
The centre shall submit a report within one month from the date of parties appearing before it for reconciliation. The case shall be listed in the second week of March 2011 alongwith report of Mediation Centre.
In the meanwhile, the arrest of the petitioners, namely, Gulshan Gambhir, Joginder Kaur and Sohan Lal, in the aforesaid case shall remain stayed. However, it is made clear that the police will investigate the matter but will not submit the police report during the pendency of this writ petition before this Court.
It may be made clear that in case, there occurs default by the petitioner either in depositing the amount or in appearing before the Mediation Centre on the date or dates fixed, the interim order staying arrest shall cease to be operative and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week for passing appropriate order in the matter.
Copy of this order will not be issued unless steps are taken.
Order Date :- 17.1.2011 NS