Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20024 of 2018 Petitioner :- Rizwan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jamaluddin Mohd. Nasir Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri J.M. Nasir, learned counsel for the petitioners, Sri Deepak Mishra, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
Learned counsel for the petitioners submits that petitioner no. 1 was employed in Indian Air Force. He was married with the sister of respondent no. 3, namely, Shaheen in the year 1996 in a simple ceremony without any dowry and from their wedlock two sons were born, namely, Faisal and Faiz, who are at present aged about 18 and 16 years respectively. He submits that the wife of the petitioner no. 1 was suffering from a serious mental ailment, i.e., Persistent Depressive Disorder (Dysthymia) and when petitioner no. 1 came to know about the same, he admitted her in several Military Hospital for her proper treatment but she could not recover. He submits that due to the said ailment, the wife of the petitioner no. 1 several times attempted to commit suicide and sometimes she used to run away from the house. He further pointed out that due to the said ailment, the wife of petitioner no. 1 used to quarrel with the higher officer of petitioner no. 1 on account of which due to the fear of court martial, petitioner no. 1 took voluntary retirement from service and built a house in the city of Meerut in which the wife of petitioner no. 1 was residing along with elder son Faisal and petitioner no. 1 started living at village along with his younger son Faiz. He submits that the incident in question has happened in the presence of elder son of petitioner no. 1 Faisal. Both the sons of petitioner no.1 are witnesses and made their signature on Vakalatnama and also ready to appear before this Hon'ble Court, if so, required. He submits that respondent no. 3, who is the brother of the victim, i.e., wife of petitioner no. 1 taking advantage of the said ailment of his sister wanted to grab the residential property of petitioner no. 1 on account of which he lodged the present F.I.R. against petitioner no. 1 and his real brother-petitioner no. 2 levelling false and frivolous allegation that the petitioners has thrown acid on the victim-wife of petitioner no. 1 though as per the injury report of the victim there appear to be no injury of acid. He further submits that the present matter be referred to Mediation & Conciliation Centre of this Court as there are chances to compromise between the parties.
Taking into account the statement of learned counsel for the petitioners, it is directed that the petitioner no. 1, who is husband of victim-sister of respondent no.3 shall appear before the Mediation Centre of this Court for mediation with his wife and respondent no.3 subject to the condition that petitioner no. 1 shall deposit Rs. 25,000/- to the Mediation Centre of this Court within three weeks from today which shall be paid to victim-sister of respondent no.3, namely, Shaheen on her appearance before the Mediation Centre.
The matter is remitted to the Mediation Centre with the direction that the Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of two months after giving notices to both the parties.
List thereafter along with report of Mediation Centre.
Till the next date of listing, no coercive action shall be taken against the petitioners pursuant to the impugned F.I.R. dated 9.7.2018 registered as case crime 830 of 2018 under sections 323, 326-A, 504 ,506 I.P.C., police station Kankerkhera, District Meerut After depositing the amount, aforesaid, notice shall be issued to the parties.
It is made clear that in case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated and this petition shall stand dismissed without further reference to any Bench of this Court.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2018 Shiraz