Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2441 of 2019 Petitioner :- Islam And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sadaful Islam Jafri Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sadaful Islam Jafri, learned counsel for the petitioners, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
It has been contended by the learned counsel for the petitioners that the marriage between respondent no.3 and petitioner no.1 was solemnized two and a half years ago. He further submits that the present matter be referred to Mediation & Conciliation Centre of this Court being matrimonial dispute in nature as there are chances of compromise between the parties.
Taking into account the statement of learned counsel for the petitioners, it is directed that petitioner no.1, who is husband of respondent no.3 shall appear before the Mediation Centre of this Court for mediation with his wife, i.e., respondent no.3 subject to the condition that petitioner no. 1 shall deposit Rs. 50,000/- to the Mediation Centre of this Court within three weeks from today, out of which Rs. 45,000/- shall be paid to respondent no.3 on her appearance before the Mediation Centre and Rs.5,000/- shall go the Mediation Centre.
The matter is remitted to the Mediation Centre with the direction that the Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of two months after giving notices to both the parties.
List thereafter along with report of Mediation Centre.
Till the next date of listing, no coercive action shall be taken against the petitioners pursuant to the impugned FIR dated 09.01.2019 registered as Case Crime No. 2 of 2019, under Sections 498-A, 323, 504, 506, 313 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Aligarh.
After depositing the amount, aforesaid, notice shall be issued to the parties.
It is made clear that in case the aforesaid amount is not deposited within the aforesaid period of time, the interim protection granted above shall automatically be vacated and the present petition shall stand dismissed without further reference to any Bench of this Court.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.1.2019/Madhurima