Hon'ble Yogendra Kumar Sangal,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. 10116 of 2009, under Sections 498-A, 323 IPC, police station Thakurganj, district Lucknow.
We have gone through the contents of the FIR as well as Annexure-2 i.e. an application dated 29.07.2009 moved by the petitioner No. 1 under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. 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. Let notice be issued to opposite party No. 4/Smt. Saroj Kumari through the Chief Judicial Magistrate, Lucknow for her appearance before this Court on 21.01.2010. 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/Manoj Kumar is also directed to appear before this Court on the next date of listing.
List/put up on 21.01.2010.
Till 21.01.2010, the petitioners shall not be arrested in the aforesaid case crime number, provided they deposit Rs.10,000/- (Rupees Ten thousand only) in this Court within a period of one week form today out of which Rs.8,000/- (Rupees eight thousand only) shall be paid to opposite party No. 4 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, the benefit of this order would not be available to them. Order Date :- 7.1.2010 Pradeep/-