Allahabad High Court
Pintu @ Ajay Yadav And Others vs State Of U.P. And Others on 5 August, 2010
Bench: Imtiyaz Murtaza, Naheed Ara Moonis
Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 14221 of 2010 Petitioner :- Pintu @ Ajay Yadav And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- S.N. Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioners and also learned Addl. Government Advocate.
The argument substantially is that fraught relation emanating from matrimonial bickering escalated into launching of criminal proceeding vide Case Crime No. 616 of 2010 under sections 323, 506, 498-A I.P.C. and 3/4 of D.P. Act police station Badahalganj District Gorakhpur.
Having considered the arguments advanced across the bar, we have a feeling that Court owes a duty to the society to strain to the utmost to repair the frayed relations between the parties so that the wounded situation may be healed into a healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties.
While referring the matter to Mediation Centre with the consent of the petitioners, it is directed that the petitioners shall deposit a sum of Rs. 10,000/- with the Mediation Centre by way of Bank Draft in favourof Mediation Centre, High Court, Allahabad, out of which a sum of Rs. 8000/- shall be payable to the daughter of Opp party No. 4, victim wife and the remaining amount shall be kept for being utilised by the Mediation Centre. The amount aforesaid, it is further directed, shall be handed over to the daughter of Opp party No. 4 on her appearing before the Mediation Centre on the date fixed. The amount aforesaid, it may be clarified, are meant to meet expenses to be incurred for attending mediation sessions at Allahabad for the daughter of Opp party No. 4 and the person escorting her.
The office upon deposit of the Bank draft shall issue notice within one week to the daughter of Opp party No. 4 i.e the wife calling upon her to appear in the Mediation Centre at Allahabad High Court on a date to be indicated in the said notice stating therein that the Bank draft deposited by the petitioner shall be delivered to her whenever she appears in the Mediation centre on the date fixed. The said notice shall be served upon the daughter of Opp party No. 4 through C.J.M concerned. It needs hardly be said that both the parties shall appear either on the date fixed or on a future date as may be agreed before the Mediation Centre for reconciliation.
The centre shall submit a report within one month from the date of parties appearing before it for reconciliation. The case shall be listed in the month of October, 2010 alongwith report of Mediation Centre. In the meanwhile, the arrest of the petitioners in the aforesaid case shall remain stayed. However, it is made clear that the police will investigate the matter but will not submit the police report during the pendency of this writ petition before this court.
It may made clear that in case, there occurs default by the petitioners either in depositing the amount or in appearing before the Mediation Centre on the date or dates fixed, the interim order shall cease to be operative and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the Bench concerned for passing appropriate order in the matter.
It may be clarified that the case will not be treated as tied up to this Bench shall be listed before the appropriate Bench.
Copy of this order will not be issued unless steps are taken.
Order Date :- 5.8.2010 o.k.