Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 7976 of 2021 Petitioner :- Rakesh Kumar Gupta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- P.K. Upadhyay Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
By means of the present writ petition, the petitioners herein seek quashing of the first information report dated 10.05.2021 registered as Case Crime No.240 of 2021, under Sections 498- A, 376, 504, 506 IPC, P.S.- Bhelpur, District- Varanasi.
At the outset, learned counsel for the petitioners submits that the petitioners are ready and willing to settle their dispute amicably through the process of mediation.
Looking to the fact that the dispute is matrimonial in nature, we are of the opinion that the parties may be given a chance to settle their dispute in an amicable manner.
Considering the above, in order to give a chance to the parties to settle their dispute in an amicable manner, we refer the matter to the Mediation and Conciliation Centre, High Court, Allahabad. The petitioner no.1 shall deposit Rs. 25,000/- within a period of two weeks from today before the Mediation and Conciliation Centre, High Court, Allahabad. Subject to the said deposit, notice be issued to the respondent no.4 (wife) intimating the date of her appearance before the Mediation and Conciliation Centre, High Court, Allahabad. An amount of Rs. 20,000/- shall be paid to the wife on the date of her first appearance before the Mediation and Conciliation Centre, High Court, Allahabad.
The report of the Mediation and Conciliation Centre, High Court, Allahabad be submitted before the Court within a period three months.
For a period of three months or till mediation report is received, whichever is earlier, no coercive measure shall be taken against the petitioners pursuant to the abovenoted case.
In case of default on the part of the petitioner/husband in making the deposits within the time given above, the interim protection granted hereinabove shall stand automatically vacated.
List after expiry of the aforesaid period before the appropriate Court along with the mediation report.
Order Date :- 30.9.2021 Himanshu