Rizwan @ Hasnain And Ors. vs The State Of U.P And Anr.
2012 Latest Caselaw 2047 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 1751 of 2012
 

 
Petitioner :- Rizwan @ Hasnain And Ors.
 
Respondent :- The State Of U.P And Anr.
 
Petitioner Counsel :- S.N Pandey
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

Through this petition under Section 482 Cr.P.C., the petitioners are praying for quashing the proceedings initiated under Case Crime no.1243 of 2008 under Sections 498A/504/506 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Kotwali Hazratganj, District Lucknow. and resultant chargesheet dated 31.7.2009.

Learned counsel for the petitioners contends that the petitioners only pray for reference to Mediation & Conciliation Centre.

While going through sequence of events I find that the chargesheet was filed in July, 2009.  Till date petitioners have not put in appearance.  Be that as it may, considering the contention of the learned counsel for the petitioners as also the fact that the dispute is of matrimonial nature, a chance for settling the dispute outside court is required to be given.

Let notice be issued to the respondent no.2 for 17 July, 2012.

It is directed that in the meantime, petitioners shall make a deposit of Rs.10,000/-(Ten thousand only) in the Registry of this court.  In case, the respondent no.2 agrees to join mediation proceedings, a sum of Rs.7000/-(seven thousand only) would be released in her favour and the remaining Rs.3000/-(three thousand only) shall be remitted to the Mediation and Conciliation Centre.

List on 17.7.2012.

Let the respondent no.2 remain present on the date of listing.

Order Date :- 22.5.2012

A.Nigam