Hon'ble Vedpal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 321 of 2010, under Sections 498-A, 323, 427 &504 IPC read with Section ¾ Dowry Prohibition Act, police station Talkatora, district Lucknow.
We have gone through the contents of the FIR as well as other documents annexed with the writ petition including a suit for divorce filed under Section 13 Hindu Marriage Act dated 26.04.2010. Argument advanced by learned counsel for the petitioners is that wife of petitioner No. 1 and daughter of opposite party No. 3, namely, Nimisha used to reside with opposite party No. 3 from much before and after filing of suit for divorce, notice was served upon opposite party No. 3 of which this FIR is an outcome. Further it has been argued that the allegations levelled in the FIR are not so serious which may put any hindrance in mediating the matter between the parties through Mediation and Conceliation Centre of this Court. Taking into consideration overall aspect of the matter, we hereby direct that notice be issued to opposite party No. 3 through the Chief Judicial Magistrate Lucknow to produce Smt. Nimisha i.e. his daughter before this court on 07.07.2010 who shall apprise the Court as to whether she is agreeable for sending the matter to the Mediation Centre of this Court or not. Petitioner No. 1 is also directed to appear before this Court on the next date of listing.
List/put up on 07.07.2010.
Till 07.07.2010, the arrest of the petitioners in the aforesaid case crime number shall remain stayed, provided they deposit Rs. 15,000/- (Rupees fifteen thousand only) in this Court within a week from today out of which Rs.10,000/- (Rupees ten thousand only) shall be paid to Smt. NImisha on her appearance before the Mediation Centre and remaining Rs.5,000/- (Rupees five 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 petitioners within the time stipulated above, benefit of this order would not be available to them.
Order Date :- 24.6.2010 Pradeep/-