Hon'ble Yogendra Kumar Sangal,J.
List and connect with Writ Petition No. 930 (M.B.) of 2010.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
Under challenge is FIR relating to Case Crime No. 16 of 2010, under Sections 498-A, 323 IPC read with Section 3/4 Dowry Prohibition Act, police station Rudauli District Faizabad/ Argument advanced by learned counsel for the petitioners are that it being matrimonial dispute which is trivial in nature between Gaus Alam (husband) and Shabnam Bano (wife), but entire family has been roped in. It has also been submitted that there is no serious allegations in the FIR and if the matter is sent to the Mediation Center there is every possibility that the parties may reconcile the matter before the Mediation Center. We, while going through the FIR find some substance in the argument of the learned counsel for petitioners and we also feel that a chance be taken by sending the matter to Mediation Center, if opposite party No. 4 agrees.
Power on behalf of opposite party No. 3 has been filed by Sri Mohd.Wajid who is directed to produce Smt. Shabnam before this court on on 19.2.2010 to enable this court to confirm whether she is agreeable in sending the matter to the Mediation Center or not.
List this case on 19.2.2010.
Till 19.2.2010 the arrest of the petitioners in the above case crime number shall remain stayed.
On 19.2.2010 Gaus Alam who is husband of Smt.Shabnam as well as Smt. Shabnam will appear before this court The petitioners are directed to deposit an amount of Rs. 10,000/ in this Court within a week, out of this amount Rs. 8,000/ shall be paid to Smt. Shabnam if she appears before the Mediation Center and Rs. 2000/ shall be deposited in the Mediation Center.It is clarified that if petitioners fail to deposit the amount indicated above, within the period stipulated herein above, the benefit of this order shall not be available to them.
Order Date :- 3.2.2010.R.P/