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High Courts(2009) 12 AHC CK 0252

Dharma Raj Gupta S/O Late C.L.Gupta and Another vs State of U.P.Through Secretary Department of Home & Others

Allahabad High Court · Decided on 22 December 2009

HON’BLE JUDGES
Abdul Mateen, J and Surendra Singh, J
RESULT
Disposed Of
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Judgment

10 paragraphs · 385 words

Surendra Singh, J.

Heard learned counsel for the petitioner and learned Additional Government Advocate.

1.

Since in both the petitions, the petitioners have challenge the same FIR, as such, with the consent of the parties, we proceed to hear and dispose of both the petitions with this common order.?

2.

The petitioners by means of these writ petitions under Article 226 of? Constitution, have prayed for quashing FIR relating to case crime no. 1381 of 2009 under Sections 498A, 323, 504 & 506 IPC read with Section 3/4 of the Dowry Prohibition Act of Police Station Ghazipur, district Lucknow.

3.

On behalf of opposite party no. 3 short counter affidavit has been filed by Sri Prashant Kumar, Advocate who identifies her. On the understanding of learned counsel for both the parties, opposite party no. 3 Shikha Gupta is present in Court. On being asked from her whether or not she is agreeable for referring the matter to the Mediation &Conciliation Centre of this Court, she replied in affirmative.

4.

Accordingly, we direct that? the petitioners shall deposit an amount of Rs. 8,000/(Rupees eight thousand) before the Mediation & Conciliation Centre of this Court by 06.01.2010.? If the aforesaid amount is deposited as directed above, an amount of Rs. 6,000/(Rupees six thousand) shall be paid to Shikha Gupta on her appearance before the Mediation & Conciliation Centre and the remaining amount of Rs. 2,000/(Rupees two thousand) shall be deposited in the accounts of Mediation & Conciliation Centre.

5.

Manish Kumr Gupta (petitioner in WP No. 11810 (MB) of 2009) and opposite party No. 3 Shikha Gupta in both the petitions shall appear before the Mediation & Conciliation Centre on 08.01.2010. The Mediation & Conciliation Centre is requested to make endeavour to reconcile the matter and submit report at an early date.

6.

List the petition immediately after receipt of the report of the Mediation & Conciliation Centre.

7.

Till next listing, arrest of the petitioners in both the petitions? in the aforesaid case crime number shall remain stayed.

8.

It is clarified that if the petitioner fails to deposit the aforesaid amount within the stipulated time, benefit of this order will not be available to them and the police of the police station concerned will be at liberty to proceed against them in accordance with law.