Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 5064 of 2018 Petitioner :- Sayeed Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rizwan Ahamad Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the material available on record.
This writ petition has been filed by the petitioner with the prayer to quash the F. I. R. dated 25.11.2017, which has been registered as Case Crime No. 734 of 2017, under Sections 420, 406 IPC, Police Station Civil Lines, District Allahabad so far it relates to the petitioner.
It is contended by learned counsel for the petitioner that the matter of co-accused Qavi Ahmad has been referred to the Mediation Centre by this Court vide order dated 12.12.2017 passed in Criminal Misc. Bail Application No. 27567 of 2017. The copy of the said order has been filed as annexure no.3 to this writ petition.
It is next contended that at the time of alleged offence the petitioner was a juvenile. It is further contended that the matter is private dispute between the parties, which can be well settled before the mediation centre and it has been prayed that the case may be referred to the mediation centre.
Having considered the arguments advanced across the bar, we 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 the petitioner shall deposit a sum of Rs.15,000/- within three weeks from today with the Mediation and Conciliation Centre of which 90% shall be paid to the respondent No.4 for appearance before the Mediation Centre.
The matter is remitted to the Mediation Centre with the direction that the same may be decided after giving notices to both the parties.
It is directed that the Mediation Centre shall decide the matter expeditiously preferably within a period of three months. Thereafter, this case shall be listed before the appropriate Court on 28.05.2018 along with Criminal Misc. Writ Petition No. 27567 of 2017 and this case shall not be treated as tied up or part heard to this Bench.
Till the next date of listing, further proceedings against the petitioner in Case Crime No. 734 of 2017, under Sections 420, 406 IPC, Police Station Civil Lines, District Allahabad shall be kept in abeyance, provided the petitioner deposits the amount as stated above.
After depositing the aforesaid amount, notices shall be issued to the parties and in case, the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically stand vacated.
Order Date :- 27.2.2018 Nadim