Advocates:
['NEERAJ KUMAR PANDEY', 'G A', '', 'DHARMENDRA KUMAR NIRANKARI']

Court No. - 47

Case :- CRIMINAL MISC. WRIT PETITION No. - 7367 of

2021

Petitioner :- Sharad Kumar And Another

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

Counsel for Petitioner :- Neeraj Kumar Pandey

Counsel for Respondent :- G.A.,Dharmendra Kumar Nirankari

Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Gajendra Kumar,J.

Heard Shri Neeraj Kumar Pandey, learned counsel for the

petitioners and learned A.G.A.

Present matter was taken up on 03.09.2021 and on the said date,

following interim order was accorded in favour of the

petitioners:-

"The petitioners, 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

09.8.2021 registered as Case Crime No. 930 of 2021 under Sections 419,

420, 504, 506 IPC at Police Station Dhoomanganj, District Prayagraj and

for a direction to the respondents not to arrest the petitioners in pursuance

of impugned First Information Report.

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

respondent nos.1 and 2. Shri D.K. Nirankari, Advocate has entered

appearance on behalf of respondent no.3.

It is submitted by learned counsel for the petitioners 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.

In view of the above, it is directed that petitioners 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 petitioners, 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

petitioners in the above mentioned case.

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

petitioners 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 22.05.2022

between Sharad Kumar/petitioner no.1 (husband) and Smt.

Kalpana Kumari/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.

Kalpana Kumari/respondent no.3 has already joined her

husband and both are living together.

Learned counsel for the complainant fairly states that as per

settlement agreement dated 22.05.2022, the matter has alread