Advocates:
['DHIRAJ SRIVASTAVA', 'G A', '', 'SIYA RAM VERMA', 'PRITI VERMA']

Court No. - 47

Case :- CRIMINAL MISC. WRIT PETITION No. - 9629 of

2021

Petitioner :- Vinay Garg And 2 Others

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

Counsel for Petitioner :- Dhiraj Srivastava

Counsel for Respondent :- G.A.,Priti Verma,Siya Ram Verma

Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Gajendra Kumar,J.

Heard Shri Dhiraj Srivastava, learned counsel for the petitioners

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

Present matter was taken up on 23.10.2021 and on the said date,

following interim order was accorded in favour of the

petitioners:-

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

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 01.10.2021 registered as Case

Crime No.0036 of 2021 (State v. Vinay Garg & Ors.) under Section 498A, 313

IPC & 3/4 D.P. Act, P.S. Badshahi Naka, Distt. Kanpur Nagar and for a direction

to the respondents not to arrest the petitioners in pursuance of impugned First

Information Report.

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.

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 petitioners shall deposit a sum of

Rs.35,000/- within two 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 petitioner alongwith

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

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

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

computerized 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 24.05.2022

between Vinay Garg/petitioner no.1 (husband) and Smt. Sonal

Gupta/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.

Sonal Gupta/respondent no.3 has already joined her husband

and both are living together.

Learned counsel for the complainant fairly states that as per

settlement agreemen