Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5286 of 2019 Petitioner :- Kamal Hasan And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Imran Mabood Khan Counsel for Respondent :- G.A.,Indrakesh Kumar Sharma
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners, Sri Indrakesh Kumar Sharma, learned counsel for the respondent no.3 and learned A.G.A for the State.
By means of the present writ petition, the petitioners have invoked extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India praying for quashing the impugned FIR dated 13.2.2019 vide Case Crime No. 78 of 2019, under sections 498A/323//506/377 IPC, read with section 3/4 Dowry Prohibition Act, Police Station Katghar, District Moradabad.
It is submitted by learned counsel for the petitioners that the present matter relates to a matrimonial dispute between husband and wife and the said matter can be amicably settled by Mediation Centre of this Court.
It is directed that petitioners shall deposit a sum of Rs. 25,000/- within three weeks from today with the Mediation Centre of which Rs. 23,000/- shall be paid to the opposite party no. 3, namely, Mehnaz for her appearance before 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.
Thereafter the case shall be listed in the week commencing 29th April, 2019 before appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the petitioners in the aforesaid case.
After depositing the amount, aforesaid, notice shall be issued to the parties and in case the aforesaid amount is not deposited within the aforesaid period, this petition shall stand dismissed automatically and the court below shall be at liberty to proceed with the matter in accordance with law.
Order Date :- 26.2.2019 Shahnawaz