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2016 DIGILAW 213 (ALL)

Vipul Jain v. State of U. P.

2016-01-14

BALA KRISHNA NARAYANA, NAHEED ARA MOONIS

body2016
JUDGMENT Heard learned counsel for the petitioner and the learned A.G.A. 2. This petition has been filed by the petitioner with a prayer to quash the F.I.R. in case crime No. 371 of 2015, under Sections 498A, 323, 506 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, District Ghaziabad. 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 petitioner 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 deposits Rs. 5000/- 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 no. 3 for appearance before the Mediation Centre, an amount of Rs. 4000/- 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 petitioner 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 l 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 petitioner 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 petitioner appears before the Court concerned within fifteen days thereafter and applies 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 . 9. With this direction, this petition is finally disposed of.