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Allahabad High Court · body

2016 DIGILAW 1263 (ALL)

Ajay Singh v. State of U. P.

2016-04-06

BALA KRISHNA NARAYANA, SHASHI KANT

body2016
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. registered as Case Crime No.162 of 2015, under Sections 498A, 323, 352, 406 IPC and 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Bareilly. 3. From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein a prima facie congnizable 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 petitioners deposit Rs.5,000/- before Mediation and Conciliation Centre, High Court within a period of 15 days from today, the Mediation Centre shall issue the notice to the respondent/victim and on the appearance of the victim- Smt. Renu Singh @ Hemlata Singh 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 Investigating Officer. 6. In case the mediation succeeds, the parties may file settlement agreement, if any before the Investigating Officer, 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 the 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 petitioners do not deposit the aforesaid amount within stipulated period or the mediation fails, it shall be open to the Investigating Officer to make their 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. 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., reported in 2009 (4) S.C.C. 437 . With this direction, this petition is finally disposed of.