Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 22729 of 2018 Petitioner :- Mukesh Babu And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Jatan Yadav Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
Learned counsel for the petitioners contends that the petitioner no.1-husband as well as entire family members of the husband has been falsely implicated in the present case on general allegations which is against the settled principles of law as laid down in the matter of the Geeta Mehrotra and another Vs. State of Uttar Pradesh reported in 2012 (10) SCC 741. Learned counsel further contends that the husband-petitioner no.1 had initiated proceedings under Section 9 of Hindu Marriage Act and as a counter blast to the same, the present proceedings has been initiated only to harass the petitioners. It is next contended that it is no injury case. It is thus contended by learned counsel for the petitioners that the present matter relates to a matrimonial dispute between husband and wife and the said matter can be well considered by Mediation Centre of this Court. It is further contended that there are chances of reconciliation between the parties, therefore the matter may be referred to the Mediation Centre of this Court.
Having considered the arguments advanced across the bar, I have a feeling that Court owes a duty to the society to strain to the utmost to repair the frayed relations between the parties so that the wounded situation may be healed into a healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties.
It is directed that petitioners shall deposit a sum of Rs. 30,000/- within two weeks from today with the Mediation Centre of which 90% shall be paid to the respondent nos.4 for appearance before the Mediation Centre.
The matter is remitted to the Mediation Centre with the direction that same may be decided after giving notices to both the parties.
It is directed that Mediation Centre shall decide the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench on 20.11.2018.
Till the next date of listing further proceedings pursuant to the impugned F.I.R., dated 05.05.2018 lodged in Case Crime No.0023 of 2018 under Sections 498A, 504, 506, 323, 307 I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana,District Firozabad, shall be kept in abeyance.
After depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.
Order Date :- 21.8.2018 S.Ali