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2015 Supreme(All) 3250

ALLAHABAD HIGH COURT
Bala Krishna Narayana, Naheed Ara Moonis, JJ.
Alkamar @ Arif And Anr. - Appellant
Versus
State of U.P. And 3 Others - Respondent
Criminal Misc. Writ Petition No. - 29711 of 2015
Decided On : 18-12-2015

Advocates Appeared:
For the Petitioner: Rajesh Kumar (Mishra).
For the Respondents: G.A.

The court highlighted the potential for resolving matrimonial disputes through mediation and provided a structured approach for the mediation process, balancing the interests of the parties involved.

Headnote:

F.I.R. - Quashing of F.I.R. - Mediation in Matrimonial Dispute

Fact of the Case:

The petitioners sought to quash the F.I.R. filed against them under various sections of the Indian Penal Code and the Dowry Prohibition Act. They also requested for protection from arrest during the ongoing investigation.

Finding of the Court:

The court refused to quash the F.I.R. as it found a prima facie cognizable offense based on the allegations. However, it directed the petitioners to deposit a sum for mediation at the Mediation and Conciliation Centre, High Court, and provided protection from arrest during the mediation proceedings.

Issues: Quashing of F.I.R., Mediation in Matrimonial Dispute, Protection from Arrest

Ratio Decidendi: The court emphasized the possibility of settling the matrimonial dispute through mediation and provided a framework for the mediation process, including the deposit of a specified amount and the timeline for conclusion. It also outlined the consequences of the mediation's success or failure.

Final Decision: The petition was finally disposed of with the direction for mediation and the conditions related to the deposit, protection from arrest, and further legal actions based on the mediation outcome.

JUDGMENT

Heard learned counsel for the petitioners and the learned A.G.A.

2. In paragraph 5 of the writ petition, it has been stated that the investigation in this matter is still pending.

3. This petition has been filed by the petitioners with a prayer to quash the F.I.R. in case crime no.391 of 2015, under sections 498A, 323, 325 IPC and Section 3/4 D.P.Act, P.S. Surajpur, district Gautam Budh Nagar.

4. 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.

5. 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- Farheen before Mediating Agency, an amount of Rs.4,000/- shall be given to her by way of expenses out of the aforesaid deposited amount.

6. 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.

7. 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.

8. 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 I.O. to make his arrest.

9. 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 .

10. With this direction, this petition is finally disposed of.


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