Point of Law : Investigating Officer can not be restrained from arresting the accused of a cognizable offence.

JUDGMENT :

Rajeev Singh,J.

1. Heard Sri Durgesh Kumar Singh, learned counsel for the applicant, Shri Anirudh Singh, learned A.G.A. for the State and Shri Vinod Kumar, learned counsel for the opposite party No.4.

2. This application (u/s 482 Cr.P.C.) has been filed with request that the matter may be referred to the Mediation and Conciliation Centre of this Court in relation to FIR No.501 of 2019, under Sections 323, 354, 498A, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961, Police Station Mandion, District Lucknow and also quashed the entire proceeding in relation to FIR No.501 of 2019 (supra).

3. Learned A.G.A. raised preliminary objection that in the present case, First Information Report and its consequential proceedings are challenged as the investigation is still pending, therefore, application (u/s 482 Cr.P.C.) is not maintainable in terms of law laid down by Full Bench of this Court in the case of Ram Lal Yadav and Others vs. The State of U.P. and Others reported in 1989 Cr. LJ 1013, decided on 01.02.1989 and answered that after lodging the FIR, no interference is permissible by this Court in exercise of its inherent powers, hence, no relief can be granted despite the issue is already resolved in the Mediation Centre.

4. Learned counsel for the applicants has submitted that marriage of applicant No.1 was solemnized with the opposite party No.4 on 01.07.2009 and they were enjoying their matrimonial life and out of their wedlock, two children were born, namely, Shourya and Tejal, but due to some trivial issues, FIR in question was lodged on 14.06.2019 by the opposite party No.4. In the present case, investigation was started and mediation was also initiated before the court below, but the applicant No.1 was not satisfied with the mediation proceeding initiated before the court below, hence, present application (u/s 482 Cr.P.C.) was filed and with the consent of learned counsel for the applicant as well as learned counsel for the opposite party No.4, matter was sent to the Mediation and Conciliation Centre of this Court on 31.07.2020. The order dated 31.07.2020 reads as under:-

“Vakalatnama' filed by Shri Vinod Kumar, Advocate on behalf of opposite party No.4 is taken on record.

Heard learned counsel for the applicants as well as learned A.G.A. for the State and Shri Vinod Kumar, learned counsel for opposite party No.4.

The present 482 Cr.P.C. application has been filed to quash the entire proceedings arising out of F.I.R. dated 14.06.2019 lodged by the complainant (O.P. No.4) against the applicants in Case Crime No. 501 of 2019, under Sections 323, 354, 498-A, 504 of I.P.C. and 3/4 Dowry Prohibition Act, 1961, Police Staton Madiaon, District Lucknow and to refer this matter to the Mediation and Conciliation Center, High Court.

The instant dispute is the outcome of strained matrimonial relations between applicant No.1 and opposite party No.4. It has been submitted by learned counsel for the applicant that earlier the mediation process was started to amicably settle the dispute between applicant No.1 and opposite party No.4, however, due to some wrong advice given by the Advocate of the applicants they could not take part in the mediation process and, therefore, one more opportunity be provided to the parties to settle their disputes amicably, if possible, through the process of mediation.

Learned counsel for the opposite party No.4 is not having any objection to the request of learned counsel for the applicants.

Having regard to the submissions advanced by learned counsel for the applicants and learned counsel for opposite party No.4, the matter is referred to the Mediation Center of this Bench on deposit of Rs. 15,000/-, which shall be deposited by the applicants within a week from today with the Senior Registrar of this Bench. When the Mediation Center will start functioning, a communication will be sent by the Mediation Center of this Bench to the parties and on the first appearance of opposite party No.4 before the Me