Hon'ble Vedpal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 61 of 2009, under Sections 498-A, 323, 504 & 506 IPC read with Section 3/4 Dowry Prohibition Act, police station Mahila Thana Sadar, district Lucknow.
We have gone through the contents of the FIR and other documents annexed hereto.
The pleadings made in the writ petition are to the effect that since petitioner No. 1, who happens to be husband of respondent No. 5, has filed a divorce suit in the month of October 2009, this FIR is an outcome of the same.
Admittedly the petitioners had withheld the daughter of opposite party No. 5 and, as per allegations, she was turned out from the house but later on daughter of respondent No. 5 was handed over to her on interference of police personnels .
It has been submitted by learned counsel for the petitioners that being a matrimonial dispute the matter may very well be resolved by the parties if the same is forwarded/referred to the Mediation and Conciliation Centre of this Court.
We also feel that if a chance is taken by sending the matter to the Mediation Centre of this Court, the parties may settle the dispute amicably. Accordingly, let notice be issued to opposite party No. 5/Smt. Swati Singh through the Chief Judicial Magistrate, Lucknow for her appearance before this Court on 02.02.2010. She shall apprise the Court as to whether she is agreeable for sending the matter to the Mediation Centre of this Court or not. Petitioner No. 1/Karunesh Pratap Singh is also directed to appear before this Court on the next date of listing.
List/put up on 02.02.2010.
Till 02.02.2010, the petitioners shall not be arrested in the aforesaid case crime number, provided they deposit Rs.20,000/- (Rupees Twenty thousand only) in this Court within a week from today out of which Rs.18,000/- (Rupees eight thousand only) shall be paid to opposite party No. 5 on her appearance before the Mediation Centre and remaining Rs.2,000/- (Rupees two thousand only) shall be deposited in the account of Mediation and Conciliation Centre of this Court.
It is clarified that if the amount is not deposited by the petitioners within the time stipulated above, benefit of this order would not be available to them.
Order Date :- 21.1.2010 Pradeep/-