Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and the learned Additional Government Advocate, who has accepted notices on behalf of opposite parties 1 to 3.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 11/2010, under Sections 498-A, 323, 504 and 506 IPC read with Section 3/4 Dowry Prohibition Act, police station Bighapur, District Unnao.
It is submitted by the learned counsel for the petitioners the allegations levelled in the FIR are trivial in nature and petitioner no. 3, who happens to be husband of opposite party no. 4, has filed a suit for restitution of conjugal rights vide Annexure-2 to the petition. It is further submitted that it will be just and proper if a chance is taken for sending the matter before the Mediation and Conciliation Centre of this Court.
Let notice be issued to Smt. Rekha Singh-opposite party no. 4 through Chief Judicial Magistrate, Lucknow for her appearance before this Court on 17th February, 2010. Smt. Rekha Singh-opposite party no. 4 shall inform the Court as to whether she is agreeable for sending the matter before the Mediation and Conciliation Centre of this Court or not.
List this case on 17th February, 2010. On this date, Pradeep Singh-petitioner no. 3 shall also appear before this Court.
Till 17th February, 2010, arrest of the petitioners, excluding petitioner no. 2- Smt. Sushila Singh, who is said to have already been arrested, in the aforesaid case crime number shall remain stayed, provided they deposit Rs.10000=00 (Rupees ten thousand only) in this Court within one week from today. Out of this amount, Rs.8,000=00 (Rupees eight thousand only) shall be given to opposite party no. 4-Smt. Rekha Singh on her appearance before the Mediation Centre and remaining amount of Rs.2,000=00 (Rupees two thousand only) shall be deposited in the Account of the 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 :- 1.2.2010 Chauhan/-