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Allahabad High Court · body

2010 DIGILAW 3253 (ALL)

Janno and Others v. State of U. P. And Others

2010-10-21

AMAR SARAN, SURENDRA SINGH

body2010
Surendra Singh, J.:- Learned counsel for the petitioners is permitted to make the husband Sardar Alam party as respondent No. 4. Heard learned counsel for the petitioners and the learned Additional Government Advocate. 2. 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. 651 of 2010, under sections 498A, 323, 307, IPC and Dowry Prohibition Act, PS Thana Bhawan, District Muzaffar Nagar, and that it is mentioned in paragraph No. 14 of the writ petition that there is no injury or medical report. 2. In view of the aforesaid,we are of the view that an attempt should be made for reconciliation between the parties. 3. The matter is, therefore, with the consent of the petitioners referred to the Mediation Centre, Allahabad High Court. The respondent No.4 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, out of which Rs.7000/- will be given to Smt. Shaista Khatoon, daughter of the opposite party No. 3 and Rs.3000/- will go to the Mediation Centre. 4. The Registry shall thereafter send a notice through the CJM concerned fixing 18.12.2010 for appearance of the wife, daughter of the respondent no. 3, before the Mediation Centre at Allahabad High Court. It shall be mentioned in the notice that Rs.7,000/- shall be paid to Smt. Shaista Khatoon, when she appears before the Centre. Copy of this order should also accompany the notice. On that date, and on any future dates as directed by the Centre, the husband (respondent No.4) and the wife aforesaid will appear before the Centre. 5. The Registry will send information of this order to the Mediation Centre within a week. 6. The Centre shall submit a report to this Court within one month from the date of appearance of the parties before it. 7. 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. 8. 7. 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. 8. This order of stay of arrest of the petitioners will not apply, if the averment made in paragraph No. 14 of the writ petition that there being the case of no injury, where there is no medical report, is found to be incorrect. 9. 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. 10. List this case on 24.1.2011 along with the report of the Mediation Centre. 11. 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.