Allahabad High Court
Salauddin & Others vs State Of U.P. & Others on 13 August, 2010
Bench: Amar Saran, Surendra Singh
Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 14672 of 2010 Petitioner :- Salauddin & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Shyam Sunder Mishra Respondent Counsel :- Govt. Advocate Hon'ble Amar Saran,J.
Hon'ble Surendra Singh,J.
Heard learned counsel for the petitioners and 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. 144 of 2010, under sections 323/504/498-A IPC and 3/4 of Dowry Prohibition Act, PS Hathgaml, district Fatehpur.
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 petitioner No. 1 should deposit Rs. 10,000/- within two weeks from today in the account head of the Registrar General, Mediation and Conciliation Centre, High Court, Allahabad, out of which Rs. 7000/- will be given to opposite party No. 3 Smt. Nigahat Begum alias Arfa and Rs. 3000/- will go to the Mediation Centre.
The Registry shall send a notice through the Chief Judicial Magistrate concerned within a week fixing 15.9.2010 for appearance of the wife, opposite party No. 3, before the Mediation Centre at Allahabad High Court and it shall be mentioned in the notice that Rs. 7,000/- shall be paid to her 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-petitioner No. 1 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 appearance before the Mediation Centre on the dates fixed or making the aforesaid payments as directed above, the relief granted by this order shall not apply.
List this case on 21.10.2010 before the appropriate Bench 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 stay.
On the next date, the case will not be treated as tied up to this Bench and shall be listed before the appropriate Bench.
Copy of the order will not be issued unless steps are taken.
Order Date :- 13.8.2010 Ishrat