This Criminal Misc. Application under Section 482 Cr.P.C. has been filed with the prayer to allow the present application and quash the entire proceedings of Case No. 8275 of 2009 (State Vs. Umesh Chandra Sharma & others) in Case Crime No. 1117 of 2009, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Premnagar, District Bareilly.
Heard learned counsel for the applicant, learned AGA and perused the record. Learned counsel for the applicant submitted that it is a matrimonial dispute. There was no demand of dowry and torture. However, due to misunderstanding First Information Report was lodged. They want to settle the matter. He further submitted that if notices issued and matter would be referred to Mediation and Conciliation Centre High Court Allahabad, there might be chances of compromise in between the parties. Issue notice to opposite party no. 2 returnable at an early date. If a draft for sum of Rs. 1000/- (One thousand) is deposited with the Registry of the Court in favour of Mediation and Conciliation Centre High Court, Allahabad and further a draft of Rs. 7,000/- (Seven thousand) in favour of Smt. Priti Saraswat wife of Umesh Chandra Saraswat within a period of two weeks, the matter will be referred to Mediation Centre, High Court, Allahabad. The aforesaid draft in the name of Smt. Priti Saraswat will be handed over to her on her first appearance. If she fails to appear the draft shall be returned to the applicant his counsel.
Till the next date of listing, further proceeding in Case No. 8275 of 2009 (State Vs. Umesh Chandra Sharma & others) in Case Crime No. 1117 of 2009, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Premnagar, District Bareilly. However, if the aforesaid draft is not deposited the interim order granted earlier shall automatically stand vacated.
Order Date :- 22.1.2010 Manoj