Court No. - 47

Case :- CRIMINAL MISC. WRIT PETITION No. - 9102 of

2021

Petitioner :- Ram Chandra Patel

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Mukesh Kumar Pandey,Sunil

Vashisth

Counsel for Respondent :- G.A.

Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Gajendra Kumar,J.

Heard Shri Mukesh Kumar Pandey, learned counsel for the

petitioners and learned A.G.A for the State-respondents.

Present matter was taken up on 25.10.2021 and on the said date,

following interim order was accorded in favour of the

petitioners:-

"The petitioner, by means of this writ petition under Article 226 of the Constitution

of India, has invoked the inherent jurisdiction of this Court with prayer to quash

the impugned First Information Report dated 14.8.2021 registered as Case

Crime No. 284 of 2021, under Sections 323, 286, 377, 328, 506 I.P.C., Police

Station-George Town, District-Prayagraj, and for a direction to the respondents

not to arrest the petitioner in pursuance of impugned First Information Report.

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

It is submitted by learned counsel for the petitioner that the marriage is of the

year 2010 and from the wedlock of petitioner and respondent No. 3, two

daughters have been born. It is submitted by learned counsel for the petitioner

that the present matter relates to matrimonial dispute, which may be amicably

settled by way of mediation and conciliation, therefore, the matter may be

referred to the Mediation and Conciliation Centre of this Court.

Issue notice to the opposite party no. 3, returnable at an early date. Steps may

be taken within a week.

In view of the above, it is directed that petitioner shall deposit a sum of Rs.

35,000/- within three weeks from today with the Mediation Centre of this Court

out of which Rs. 30,000/- shall be paid to the opposite party no. 3, on the date

fixed, for her appearance before the Mediation Centre and Rs. 5000/- shall be

retained by the Mediation Centre as mediation fee.

The matter is remitted to the Mediation Centre with the direction that after deposit

of such amount, by the petitioner, it shall issue notice to the parties fixing some

date for mediation and shall make all possible efforts to conclude the mediation

and conciliation proceedings expeditiously, preferably within a period of three

months.

List after expiry of aforesaid period before the appropriate Bench along with the

report of Mediation Centre.

Till the next date of listing, no coercive action shall be taken against the petitioner

in the above mentioned case.

It is made clear that in case there occurs default by the petitioner either in

depositing the amount or in appearing before the Mediation Centre on the date

fixed, the interim order shall cease to operate and the Mediation Centre shall

immediately communicate with the office which in turn shall list the case within a

week before the appropriate Bench for passing orders in the matter.

The party shall file computer generated copy of such order downloaded from the

official website of High Court Allahabad, self attested by the petitioner alongwith

a self attested identity proof of the said persons (preferably Aadhar Card)

mentioning the mobile number to which the said Aadhar Card is linked.

The concerned Court/Authority shall verify the authenticity of such computerised

copy of the order from the official website of High Court Allahabad and shall

make a declaration of such verification in writing."

In response thereof, the parties have appeared before the

Allahabad High Court Mediation and Conciliation Centre and

eventually, the settlement agreement took place on 24.06.2022

between Ram Chandra Patel/petitioner no.1 (husband) and Smt.

Archana Patel/respondent no.3 (wife).

Learned counsel for the petitioners makes a statement that till

date, no charge sheet has been submitted in the matter and Smt.

Archana Patel/respondent no.3 has a