Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 16938 of 2019 Petitioner :- Sunny Agarwal And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akshayavar Nath Pandey,Deepak Singh Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J. Hon'ble Anil Kumar-IX,J.
Certified copy of the F.I.R. have been filed on record, which is made a part of it.
Heard Sri Deepak Singh, learned counsel for the petitioners and Sri D.K. Singh, learned A.G.A. appearing on behalf of the State.
This writ petition has been filed to quash the impugned F.I.R. dated 01.06.2019 giving rise to the Case Crime No. 0121 of 2019, under Sections 498A, 323, 354Kha, 376, 511, 120B I.P.C.
and Section 3/4 of D.P. Act, P.S. Falawada, District Meerut.
The submission of the learned counsel for the petitioners is that the dispute between husband and wife is essentially a matrimonial in nature. The first petitioner is the husband of the third respondent, the second petitioner is the mother-in-law, third petitioner is the brother-in-law (Dewar), fourth petitioner is the father-in-law whereas the fifth petitioner is the brother-in- law (Bahnoi). It is desirable that the parties be required to attempt a re-conciliation of their differences with the assistance of Allahabad High Court Mediation and Conciliation Centre.
Learned counsel for the petitioners is in agreement with the aforesaid course of action.
It is directed that petitioners shall deposit a sum of Rs. 10,000/- within three weeks from today with the Mediation Centre of which Rs. 7,000/- would be paid to the opposite party no. 3 for appearance before the Mediation Centre.
Upon deposit aforesaid being made good, the Mediation Centre will issue notice to both the parties fixing an early date for appearance and further proceedings before the Centre.
The Mediation Centre will submit their report within two months from the date parties are required to first appear before the Centre. Thereafter the case shall be listed before appropriate Bench.
Till the next date of listing, the petitioners shall not be arrested in Case Crime No. 0121 of 2019, under Sections 498A, 323, 354Kha, 376, 511, 120B I.P.C. and Section 3/4 of D.P. Act, P.S. Falawada, District Meerut.
In case, the requisites are not deposited as directed, the interim order granted above shall automatically stand vacated.
Order Date :- 20.6.2019 Rahul.