Citation : 2013 Latest Caselaw 1989 ALL
Judgement Date : 13 May, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 25 Case :- MISC. BENCH No. - 3922 of 2013 Petitioner :- Nitin Singh & Others Respondent :- State Of U.P., Thru. Secretary, Home & Others Petitioner Counsel :- V.K. Shahi Respondent Counsel :- Govt. Advocate,Sharad Kumar Srivastava Hon'ble Abdul Mateen,J.
Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the petitioners, learned Additional Government Advocate and Shri Sharad Kumar Srivastava, learned counsel appearing on behalf of opposite party no. 3.
This writ petition has been filed by the petitioners praying therein for quashing of FIR relating to Case Crime No.55 of 2013, under Sections 498-A, 323, 504 and 506 IPC read with Section 3/4 Dowry Prohibition Act, police station Jankipuram, District Lucknow.
We have gone through the FIR.
It is submitted by the learned counsel for the petitioners that the FIR is an outcome of matrimonial dispute between petitioner no. 1 and opposite party no. 3; allegations levelled in the FIR are not serious in nature and if a chance is taken for getting the matter mediated/settled between the parties, there is every possibility that the parties may reconcile their dispute amicably and live thereafter peacefully.
Learned counsel for opposite party no. 3 has produced a lady identifying her to be Smt. Namrata Singh. On being asked, as to whether she is agreeable for sending the matter to the Mediation and Conciliation Centre of this Court or not, Smt. Namrata Singh replied in affirmative.
Petitioner no. 1 Nitin Singh, husband of Smt. Namrata Singh, is also said to be present in the Court.
Accordingly, the petitioners are directed to deposit an amount of Rs.25,000/- (Rupees twenty five thousand) in this Court within a period of one week from today. Out of the amount so deposited by the petitioners, Smt. Namrata Singh shall be paid an amount of Rs.20,000/- (Rupees twenty thousand) on her appearance before the Mediation Centre and remaining amount of Rs.5,000/- (Rupees five thousand) shall be deposited in the account of the Mediation Centre.
Nitin Singh and Smt. Namrata Singh are directed to appear before the Mediation and Conciliation Centre of this Court on 23.05.2013.
Mediation and Conciliation Centre is requested to try to resolve the issue and forward its report to this Court at an early date.
List after receipt of the report of the Mediation and Conciliation Centre.
Till report of the Mediation and Conciliation Centre is received, arrest of the petitioners shall remain stayed.
It is clarified that if the amount is not deposited by the petitioners within the time indicated above, benefit of this order would not be available to them.
Order Date :- 13.5.2013
Chauhan/-
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