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2015 DIGILAW 3845 (ALL)

Sudhir v. State of U. P.

2015-12-07

BALA KRISHNA NARAYANA, NAHEED ARA MOONIS

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JUDGMENT Heard learned counsel for the petitioners and the learned A.G.A. 2. This petition has been filed by the petitioners with a prayer to quash the F.I.R. in case crime No.427 of 2015, under Sections 498-A,323,504,506 IPC and 3/4 Dowry Prohibition Act, P.S. Simbhawali, District Hapur. 3. From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused. 4. However, considering the submissions made by the learned counsel for the petitioners that this F.I.R. has been lodged on account of matrimonial dispute which may be settled by way of mediation, it is directed that in case the petitioner no.1 deposits Rs. 5,000/- before Mediation & Conciliation Centre, High Court within a period of 15 days from today, the Mediation Centre shall issue a notice to the respondent/ victim and on the appearance of the victim-Smt. Pooja before Mediating Agency, an amount of Rs.4,000/- shall be given to her by way of expenses out of the aforesaid deposited amount. 5. The mediation proceedings shall be concluded within a period not exceeding three months from the date of initiation of the proceedings. Till the conclusion of the mediation proceedings, the petitioners shall not be arrested by the I.O. 6. In case the mediation succeeds, the parties may file settlement agreement, if any before the I.O. who shall thereafter consider the appropriateness of submitting a final report in this case on the basis of the compromise and the evidence collected during investigation and the Magistrate concerned may also pass an appropriate order in this regard after giving opportunity of hearing to the complainant. 7. It is further directed that in case the petitioner no.1 does not deposit the aforesaid amount within stipulated period or the mediation fails, it shall be open to the I.O. to make his arrest. 8. It is further directed that in case the mediation fails and the petitioners appear before the Court concerned within fifteen days thereafter and apply for bail, the same shall be heard and disposed of in view of the case of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755, which has been approved by the Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. 2005 Cr.L.J. 755, which has been approved by the Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (4) S.C.C. 437 . With this direction, this petition is finally disposed of.