Hon'ble Vedpal,J.
Heard learned counsel for the petitioners and the learned Additional Government Advocate, who has accepted notice on behalf of opposite party no. 1.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 40/2010, under Sections 498-A and 494 IPC read with Section 3/ 4 Dowry Prohibition Act, police station Ikauna, District Shravasti. We have gone through the FIR and also application moved by petitioner no. 2, under Section-9 Hindu Marriage Act for restitution of conjugal rights on 06.01.2010, contained in Annexure-2 to the petition. It is submitted by the learned counsel for the petitioners that petitioner no. 2 has married Smt. Nankan, daughter of opposite party no. 2, but since Vidai was not being done by opposite party no. 2, as such, he has filed the suit for restitution of conjugal rights and the impugned FIR is an offshoot of the same. It is further argued that it is a trivial and matrimonial dispute and if a chance is taken by sending the matter before the Mediation Centre of this Court, there is every possibilities that the parties may mediate the matter and the same may be settled between them.
There seems some force in the submission made by the learned counsel for the petitioners.
Accordingly, we direct that notice be issued to opposite party no. 2 through Chief Judicial Magistrate, Shravasti for producing Smt. Nankan, said to be wife of petitioner no. 2, before this Court on 17th 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 petition on 17th February, 2010. On this date, Pawan Kumar- petitioner no. 2 shall also appear before this Court. Till 17th February, 2010, arrest of the petitioners in the aforesaid case crime number shall remain stayed, provided they deposit Rs.10000=00 (Rupees ten thousand only) in this Court within ten days from today. Out of this amount, Rs.8,000=00 (Rupees eight thousand only) shall be given to Smt. Nankan on her herself making available 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 petitioners within the time stipulated above, benefit of this order would not be available to them. Order Date :- 22.1.2010 Chauhan/-