Allahabad High Court
Sundar Singh Yadav & Ors vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 15 November, 2019
Bench: Anil Kumar, Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 3 Case :- MISC. BENCH No. - 30316 of 2019 Petitioner :- Sundar Singh Yadav & Ors Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. & Ors. Counsel for Petitioner :- Ram Raj Ojha,Pallavi Vatsala Counsel for Respondent :- G.A. Hon'ble Anil Kumar,J.
Hon'ble Saurabh Lavania,J.
Sri Randhir Singh Advocate has filed his power on behalf of opposite party no.4. The same is taken on record.
Heard Ms.Bulbul Godiyal, Senior Advocate assisted by Ms. Pallavi Vatsala, learned counsel for the petitioners and learned Additional Government Advocate for respondent nos. 1 to 3 and Sri Randhir Singh, learned counsel appearing for respondent no.4.
This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 29.10.2018 registered as F.I.R. No.0605 of 2018 under Sections 3/4 Dowry Prohibition Act,1961, 506,504,323,498-A I.P.C. at Police Station Indira Nagar, District Lucknow.
Petitioner no.3/ Yajuvendra Singh and respondent no.4/Smt. Aparna Yadav alias Ruchi Yadav are present in Court and they are recognized by their counsel.
Initially in the matter in question, mediation between the Petitioner no.3/ Yajuvendra Singh and respondent no.4/Smt. Aparna Yadav alias Ruchi Yadav was failed before the court below.
Respondent no.4/Smt. Aparna Yadav alias Ruchi Yadav submits that certain documents which are in her matrimonial house and with her husband-Petitioner no.3/ Yajuvendra Singh, have not been given to her and petitioners are not allowing her to meet her child aged about two years.
Accordingly, we put a proposal before Ms. Bulbul Godiyal, Senior Advocate appearing on behalf of the petitioners that the petitioners may be directed to provide the documents to respondent no.4 and also bring the child in Court in order to meet her child.
She accepted the proposal and some documents have been brought by the petitioners as well as the child has also been brought before this Court. The documents have been handed over to the respondent no.4. However, respondent no.4/Smt. Aparna Yadav alias Ruchi Yadav submits that certain remaining documents have not been given to her.
In response to the same, Ms. Bulbul Godiyal, learned counsel for the petitioners submits that respondent no.4 may provide a list of remaining documents through her counsel within a week so the same may be provided to her Further, respondent no.4 is permitted to meet her child which has been brought before this Court for a period of 15 minutes thereafter the petitioners will take the child back.
Learned counsel for parties submit that the parties want to settle their dispute amicably and requested that the matter may be referred to Mediation and Conciliation Centre, High Court, Lucknow Bench, Lucknow for the said purpose.
Accordingly, on their requests, the matter is sent to Mediation and Conciliation Centre, High Court, Lucknow Bench, Lucknow fixing 25.11.2019. On the said date, petitioner no.3/ Yajuvendra Singh and respondent no.4/Smt. Aparna Yadav alias Ruchi Yadav are directed to appear before Mediation and Conciliation Centre, High Court, Lucknow Bench, Lucknow.
Further, on the said date Petitioner no.3/ Yajuvendra Singh shall also deposit a sum of Rs. 20,000/- before Mediation Centre, out of which Rs.10000/- shall be paid to the respondent no.4/Smt. Aparna Yadav alias Ruchi Yadav.
Further, in view of the suggestion given by learned counsel for the parties, we hereby appoint Sri Shishir Jain as Mediator to settle the disputes between the parties and submit his report on 31.01.2020.
As agreed between the parties, respondent no.4/Smt. Aparna Yadav alias Ruchi Yadav is permitted to meet her child at the common place as per the agreement between the petitioner no.3 and respondent no.4 for a period of one hour on every second and fourth Saturday of every month.
Ms. Bulbul Godiyal, learned counsel for the petitioners further submits that in pursuance of earlier order passed by this Court, petitioners are ready to give Rs.10000/- to respondent no.4/Smt. Aparna Yadav alias Ruchi Yadav. The said amount may be given to the respondent no.4 for which she will give the receipt.
List the matter on 03.02.2020 showing the name of Sri Randhir Singh as learned counsel for the respondent no.4 Till then no coercive measure shall be taken against the petitioners in pursuance of impugned F.I.R.
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(Saurabh Lavania,J.) (Anil Kumar,J.) Order Date :- 15.11.2019 dk/