Hon'ble Vedpal,J.
Heard petitioner-Sri Ravindra Nath Pandey appearing in person and the learned Additional Government Advocate, who has accepted notices on behalf of opposite parties 1 to 3.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 145/2009, under Sections 498-A, 323 and 506 IPC read with Section 3/ 4 Dowry Prohibition Act, police station Tarabganj, District Gonda. We have gone through the FIR as well as supplementary affidavit filed today. As it comes out the petitioner has filed an application under Section 9 Hindu Marriage Act in the Court of District & Sessions Judge concerned and submission is that after notice having been issued to opposite party no. 4, the impugned FIR has been lodged by her, which is an outcome of the said application. It is further submitted that it is a matrimonial dispute wherein admittedly opposite party no. 4 is residing at her parents' house for about past six years and if a chance is taken of mediation between the parties, the matter might be settled between them.
Accordingly, we direct for issuing of notice to Smt. Neera Pandey-opposite party no. 4 through Chief Judicial Magistrate, Siddharth Nagar for her appearance before this Court on 16th February, 2010 to enable the Court to ascertain from her 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 16th February, 2010. On this date, petitioner-Ravindra Nath Pandey shall also appear before this Court.
Till 16th February, 2010, arrest of the petitioner in the aforesaid case crime number shall remain stayed, provided he deposits Rs10,000=00 (Rupees ten thousand only) in this Court within one week from today. Out of this amount, Rs.8,000=00 (Rupees eight thousand only) shall be given to opposite party no. 4-Smt. Neera Pandey on her appearance before the Mediation Centre 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 petitioner within the time stipulated above, benefit of this order would not be available to him. Order Date :- 25.1.2010 Chauhan/-