Hon'ble Vedpal,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.
By means of this writ petition preferred under Article 226 of the Constitution of India the petitioners challenge two FIRs one relating to Case Crime No. 267 of 2010, under Sections 498-A, 323, 506 and 392 IPC read with Section 3/4 Dowry Prohibition Act, police station Saadatganj, district Lucknow and another relating to Case Crime No. 58 of 2010, under Sections 498-A, 323 and 506 IPC read with Section 3/4 Dowry Prohibition Act, police station Mahila Thana, district Lucknow.
We have gone through the FIR.
Argument advanced on behalf of the petitioners is that these FIRs are verbatim copy of each other that is to say date, time and allegations made therein are same. Opposite party no. 4 is wedded wife of petitioner no. 1 Mohd. Obaid alias Shanu and petitioner nos. 2 to 5 are parents and family members of petitioner no. 1. It is a matrimonial dispute and if a chance for mediating the matter between the parties is taken by sending the matter before the Mediation and Conciliation Center of this Court, there is every possibility of the matter being settled between them.
We find some force in the argument advanced by the learned counsel for the petitioners, but for sending the matter before the Mediation Center consent of opposite party no. 4 is to be obtained.
Accordingly, we direct for issuing notice to opposite party no. 4 Smt. Ashiya Khan through Chief Judicial Magistrate, Lucknow for her appearance before this Court on 20th July, 2010. She 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 20th July, 2010. On this date, petitioner no. 1 Mohd. Obaid alias Shanu shall also appear before this Court.
Till 20th July, 2010 arrest of the petitioners in the aforesaid case crime number shall remain stayed, provided they deposit Rs.10,000=00 (Rupees ten thousand only) in this Court within ten days from today. Out of this amount, Rs.8,000=00 (Rupees eight thousand only) shall be given to opposite party no. 4-Smt. Ashiya Khan on her appearance before the Mediation Centre, if she agrees for mediation, 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 ten days as directed above, benefit of this order would not be available to them. 29.6.2010 Chauhan/-