Hon'ble Vedpal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate, who has accepted notice on behalf of opposite parties No. 1 & 2. Under challenge in the instant writ petition is FIR relating to Case Crime No. 312 of 2009, under Sections 498-A, 323, 504 & 506 IPC read with Section ¾ Dowry Prohibition Act, police Station Mandhata, district Pratapgarh. We have gone through the contents of the FIRand other documents annexed hereto. Argument advanced by the petitioners is that since an application dated 15.11.2009 moved by opposite party No. 3 under Section 125 CrPC is pending, this FIR has been lodged. Further argument is that even petitioner No. 1, who happens to be husband of opposite party No. 3, has filed a suit under Section 9 of Hindu Marriage Act for restitution of conjugal rights, which is also pending.
At the very outset learned counsel for the petitioners stated that since it is a matrimonial dispute between the parties and the matter is trivial in nature, the same 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. 3/Smt. Meena Devi @ Babita returnable by 17.02.2010 through the Chief Judicial Magistrate, Pratapgarh for her appearance before this Court on 17.02.2010. 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/Ravendra Singh is also directed to appear before this Court on the next date of listing. List/put up on 17.02.2010.
Till 17.02.2010, 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 ten days form today out of which Rs.8,000/- (Rupees eight thousand only) shall be paid to opposite party No. 3 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 :- 22.1.2010 Pradeep/-