ORDER : In S.B. Criminal Misc. Petitions No. 6112/2022 & 5571/2022: The petitioners have preferred these criminal misc. petitions claiming the following reliefs:- Petition No. 6112/2022 :- “It is, therefore, most respectfully prayed that this Misc. Petition may kindly be allowed and registration and investigation of the present FIR bearing No.158/2022 of Kuchera Police Station, District Nagaur, for the offence U/s 143, 452 of the IPC may kindly be quashed and set aside in the interest of justice.” Petition No.5571/2022 :- “It is, therefore, prayed that this misc. petition of the petitioners may kindly be allowed and the impugned FIR No.151/2022 dated 06.08.2022 registered at Kuchera Police Station District Nagaur and entire proceedings undertaken thereto may kindly be quashed. The parties are contesting the matrimonial dispute. At the outset, learned Public Prosecutor submits that prima facie, the offence has been made out and the charge-sheet has been chalked out. The factual report produced by learned P.P. is taken on record. In the peculiar factual matrix, since the charge-sheet has been chalked out and is ready to be filed in the present case, therefore, the present petitions are disposed of with liberty to the petitioners to submit their requisite bail bonds before the learned trial Court at the time of filing of the charge-sheet and the date of filing of the charge-sheet shall be informed by the investigating officer to the petitioners; in case they fail to do so, the learned trial court shall be free to proceed strictly in accordance with law. Further, the petitioners shall also have a liberty to take up all their issues, before the learned trial Court, at appropriate stage. All pending applications also stand disposed of. In S.B. Criminal Writ Petition No. 326/2022:- 1. The petitioner has preferred this criminal misc. petition claiming the following reliefs:- “1. The officials respondents may kindly be directed to remove the private respondents from the house of the petitioner and to hand over the possession of the house of the petitioner to him. 2. The private respondents may also be directed to immediately leave the house of the petitioner and to give possession of the house to the petitioner.” 2. The present petitioner-Mehram Fardoda is the father-in-law of respondent No.8-Prem w/o Ramparkash and respondent No.9- Karma w/o Mahipal Fardoda. 3. 2. The private respondents may also be directed to immediately leave the house of the petitioner and to give possession of the house to the petitioner.” 2. The present petitioner-Mehram Fardoda is the father-in-law of respondent No.8-Prem w/o Ramparkash and respondent No.9- Karma w/o Mahipal Fardoda. 3. In pursuance of the order dated 09.11.2022 passed by this Hon’ble Court in all the three above-numbered petitions (No.6112/2022, 326/2022 & 5571/2022), the parties appeared before the learned Mediator for the mediation proceedings; whereupon, after conducting the mediation proceedings, the learned Mediator prepared a report dated 21.11.2022, which reads as under: “All the parties alongwith their lawyers present for mediation. After negotiation all the parties have entered into an amicable settlement which is as under: 1. That in all the FIRs regarding trespass in the house of Mehramji. The parties have decided that the keys of this house shall be handed over to Mehram ji & the keys of another house of Mehram ji situated at the middle of the market House No.6, Near Baba Ramdev Temple, Hospital Road, Kuchera, shall be handed over to the Prem wife of Ramprakash and Karma w/o Mahipal Farrodha, wherein the family of Ramprakash & Mahipal will reside as a joint family. 2. Ramprakash & Mahipal both are agreeing that they will maintain their family and entirely responsible for the safety and security for their wives and child. Both wives Karma & Prem are also ready to continue their matrimonial life with their husband. Husband Ram Prakash shall take care of welfare of his daughter Suryanshi, her education & health also. That if the present compromise fails and if any condition is breached by any of the parties, the wives Prem & Karma shall be entitled to reside in the house situated in Shiv Nagar, Kuchera in which they are presently residing. With the above agreement, the file is referred back to the Hon’ble Court for further proceedings.” Thus, the said mediation report reveals amicable settlement of the present dispute between the parties, through mediation process, with the clear stipulation made in the report that, “if the present compromise fails and if any condition is breached by any of the parties, the wives Prem & Karma shall be entitled to reside in the house situated in Shiv Nagar, Kuchera in which they are presently residing”. 4. 4. However, on 20.12.2022, on the joint request of learned counsel for the parties, the matters were again referred for mediation, while directing the same to be listed again before this Court on 03.01.2023 i.e. today, alongwith the Mediator’s report. 5. Today, the report dated 02.01.2023 of the learned Mediator has been produced before this Court, which reads as under: “Joint and single sessions held with all the parties. Earlier also settlement was arrived at between the parties on 21.11.2022. The wives of Ram Prakash and Mahipal i.e. Prem and Karma wants to live at the house situated at Shiv Nagar, Kuchera with their inlaws as the present place where they are residing is not proper and safe for them. The husbands on other hand states that the house/property belongs to their father and his permission/consent is required to keep the wives there, and they apprehend due to the stringent relations of the parties. The husbands require some time to sort out the issue of keeping the wives at the house as per their demand. Matter is at this stage returned as the same is to be listed tomorrow in Court. Hence, the file is returned.” 6. Mr. Mahesh Thanvi, learned counsel for the petitioner fairly informs that the husbands have already instructed him that the matters cannot be sorted out in mediation. 7. A bare perusal of the said mediation report dated 02.01.2023, just contrary to the earlier mediation report dated 21.11.2022, makes it amply clear that the repeated mediation proceedings between the parties herein would be nothing, but a futile exercise, more particularly, owing to the non-fulfilment, in toto, of the conditions of agreement arrived at between the parties on 21.11.2022, and thus, the parties are pursuing their respective FIRs. At this stage, learned Public Prosecutor categorically submits that the charge-sheets are also ready to be filed in the impugned FIRs in above-numbered Petitions No.6112/2022 & 5571/2022. 8. Thus, a conjoint consideration of both the mediation reports, reflecting a completely contrary stand of the parties, is sufficient to demonstrate that no useful purpose would be served in referring the matters for mediation, again and again, more particularly looking into the peculiar factual matrix of the present case, due to which, the earlier mediation proceedings could not yield fruitful results, despite an amicable settlement arrived at between the parties in the mediation proceedings on 21.11.2022. 9. 9. Thus, in view of the above, and the categorical factual submission made by the learned Public Prosecutor that the charge-sheets, in the impugned FIRs, are ready to be filed, the present petitions do not call for any interference, and the same are accordingly dismissed; with the following observations and directions: (a) The respondents-Superintendent of Police, Nagaur and SHO, Police Station Kuchera, District Nagaur, are directed to ensure that the ladies (wives) are restored to their original (matrimonial) house situated at Shiv Nagar, Kuchera, District Nagaur. However, this order shall not preclude the in-laws/petitioner, from seeking their (wives) ouster, strictly in accordance with law. (b) It is made clear that the present order is being passed, only to restore the status quo ante in regard to residential accommodation for the wives, as per the agreement arrived at between the parties, during the mediation proceedings dated 21.11.2022; the same, will however, not accrue any unfettered right in favour of the wives in regard to their stay in the house in question. (c) The parties shall be free to stake their respective claim(s) in regard to the property in question, strictly in accordance with law. (d) It is further made clear that the mediation proceedings stand nullified, in view of the final stand taken by all the parties. 10. All pending applications stand disposed of.