Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12712 of 2021 Petitioner :- Jitesh Pandey And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Vikram Singh,Amar Jeet,Praveen Kumar Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
The petitioners, by means of this writ petition under Article 226 of the Constitution of India, have invoked the jurisdiction of this Court with prayer to quash the impugned First Information Report dated 23.10.2021 registered as Case Crime No. 229 of 2021 under Sections 498A, 323, 354B IPC and 3/4 of D.P. Act, Police Station Phaphamau, District Prayagraj and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
Heard learned counsel for the petitioners; the learned A.G.A for the State respondents.
It is submitted by learned counsel for the petitioners that the present matter relates to matrimonial dispute, which may be amicably settled by way of mediation and conciliation, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court.
Taking into account the statement of learned counsel for the petitioner, it directed that petitioner, who is husband of respondent no.4 shall appear before the Mediation Centre of this Court for mediation with his wife, i.e. respondent no.4 subject to the condition that petitioner shall deposit Rs. 35,000/- to the Mediation Centre of this Court within three weeks from today, out of which Rs.30,000/- shall be paid to respondent no.4 on her appearance before the Mediation Centre and Rs.5000/- shall go to the Mediation Centre.
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, the respondents are restrained to arrest the petitioners pursuant to the impugned FIR subject to cooperation in the ongoing investigation.
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 :- 24.12.2021 pks