Allahabad High Court
Smt. Leela Devi & Others vs State Of U.P. & Others on 12 August, 2010
Bench: Amar Saran, Surendra Singh
Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 14643 of 2010 Petitioner :- Smt. Leela Devi & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Rajesh Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Amar Saran,J.
Hon'ble Surendra Singh,J.
Learned counsel for the petitioners is permitted to make husband and wife parties as respondents No. 5 and 6 respectively.
Heard learned counsel for the petitioners and the learned Additional Government Advocate.
Admit.
It is contended that there was a matrimonial dispute between the parties and because of that a criminal case has been lodged at case crime No. 209/2010, under sections 498A, 323, 504, 506 IPC and ¾ Dowry Prohibition Act, PS Atarra, District Banda, and that it is mentioned in paragraph No. 20 of the writ petition that there is no injury or medical report.
In view of the aforesaid,we are of the view that an attempt should be made for reconciliation between the parties. The matter is, therefore, with the consent of the petitioners referred to the Mediation Centre, Allahabad High Court. The respondent No. 5 should deposit Rs. 10,000/- within fifteen days from today in the account head of the Registrar General, Mediation and Conciliation Centre, High Court, Allahabad. The Registry shall thereafter send a notice through the CJM concerned fixing 14.9.2010 for appearance of the husband, respondent No. 5 and the wife, respondent No. 6, before the Mediation Centre at Allahabad High Court. It shall be mentioned in the notice that Rs.7000/- of the above deposited amount shall be paid to Smt Reeta Tiwari when she appears before the Centre and the due payment shall be made on her appearance. On that date, and on any future dates as directed by the Centre, the husband (respondent No. 5) and the wife aforesaid will appear before the Centre.
The Registry will send information of this order to the Mediation Centre within a week.
The Centre shall submit a report to this Court within one month from the date of appearance of the parties before it.
Till the next date of listing, the arrest of the petitioners in the aforesaid case shall remain stayed, provided the petitioners submit the receipt of the aforesaid deposit before the concerned Court and co-operate in the mediation proceedings.
In case of any default by the husband in making the appearances before the Mediation Centre on the dates fixed or making the aforesaid payment as directed above, the stay granted by this order shall stand automatically vacated forthwith. List this case on 20.10.2010 along with the report of the Mediation Centre.
In case there is any default by the petitioners as above, the Mediation Centre should immediately communicate this fact to the office and office will list the case within a week before the Bench concerned, which may pass order for vacation of the order.
Copy of the order will not be issued unless steps are taken.
Order Date :- 12.8.2010 HSM