Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12770 of 2021 Petitioner :- Karan Gupta And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjai Srivastava 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, are before this Court with a prayer to quash the impugned First Information Report dated 17.10.2021 registered as Case Crime No. 112 of 2021, under Sections 323, 506, 504, 498-A I.P.C. and 3/ 4 of Dowry Prohibition Act, Police Station- Sisamau, District- Kanpur Nagar.
Heard learned counsel for the petitioners and the learned A.G.A.
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 petitioners, it is directed that petitioners shall deposit a sum of Rs. 25,000/- within three weeks from today with the Mediation Centre of this Court, out of which, Rs. 20,000/- shall be paid to the respondent no. 4 on her appearance before the Mediation Centre and Rs. 5000/- shall be retained by the Mediation Centre as mediation fee.
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, respondents are restrained to arrest the petitioners pursuant to the impugned FIR subject to cooperation in the on-going 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 A.K.Srivastava