Hon'ble Yogendra Kumar Sangal, J.
Heard learned counsel for the petitioner and learned Additional Government Advocate.
Under challenge is FIR relating to Case Crime No.953 of 2009, under Sections 498A,506 I.P.C. & 3/4 D.P. Act, P.S. Chinhat, District- Lucknow.
We have gone through the contents of the FIR.
Submission of learned counsel for the petitioner is that this FIR is an outcome of matrimonial dispute, which has arisen between the petitioner and respondent no.4. The petitioner has filed a suit under Section 9 of Hindu Marriage Act for restitution of conjugal right, as such, this FIR is an out come of the same.
Let the things be as they are, since it is a matrimonial dispute and the allegations levelled against the petitioner seem to be trivial in nature, it has been submitted that every effort may be made so that the parties may settle their dispute amicably.
We also feel that if a chance is taken by sending the matter to the Mediation Centre of this Court, the parties may settle the dispute amicably.
There seems to be force in the arguments of learned counsel for the petitioner.
Let notice be issued to opposite party No.4/Smt. Soni through the Chief Judicial Magistrate concerned for her appearance before this Court on 28.1.2010. She shall apprise the Court as to whether she is agreeable for sending the matter to the Mediation Centre of this Court or not.
List/put up on 28.1.2010.
Till 28.1.2010., the petitioner shall not be arrested in the aforesaid case crime number, provided he deposits Rs.10,000/- (Rupees ten thousand only) in this Court within a week from today out of which Rs.8,000/- (Rupees eight thousand only) shall be paid to Smt. Soni opposite party No.4 on her appearance before the Mediation Centre and remaining Rs.2,000/- (Rupees two thousand only) shall be deposited in the account of Mediation and Conciliation Centre of this Court.
It is clarified that if the amount is not deposited by the petitioner within the time stipulated above, benefit of this order would not be available to him. Order Date :- 12.1.2010 Aks