Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the petitioners and also learned
A.G.A. appearing for the State.
The argument substantially is that fraught relation emanating
from matrimonial bickering escalated into launching of
criminal proceeding vide F.I.R. which was registered at case
crime No. 456 of 2009 under sections 323, 504, 506, 498A
IPC and section 3/4 of the Dowry Prohibition Act, P.S.
Cholapur , District Varanasi.
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 Petitioners shall
deposit a sum of Rs. 5000/- with the Mediation Centre by way
of Bank draft drawn in favour of Opp party no. 3. The Bank
draft aforesaid, it is further directed, shall be handed over to
the Opp party no. 3 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 Opp. Party
no. 3 and the person escorting her.
The office upon deposit of the Bank draft shall issue notice
within one week to respondent no. 3 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 respondent no. 3 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 second week of March, 2010 alongwith
report of Mediation Centre.
In the meanwhile, the arrest of the petitioners in the aforesaid
case shall remain stayed.
It may made clear that in case, there occurs default by the
husband either in depositing the amount or in appearing
before the Mediation Centre on the date or dates fixed, the
interim order staying arrest 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 :- 4.1.2010
MTA