RAZA HUSSAIN JAFARI Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition challenges the first information report dated 14.3.2009 which is under Section 498-A, 323 I.P.C. and 3 / 4 Dowry Prohibition Act which has been registered at crime no. 695 of 2009 at police station Kotwali, district Sitapur. Various arguments on the question of fact has been raised. Submission is that there is already divorce and there is seal of the court dated 16.4.2008. Be as it may, allegations are there in the first information report and the dispute appears to be of matrimonial nature. All 12 members of one family/relation appears to have been roped. On the facts, this Court is of the view that it is a fit case which is to be referred to the Mediation Center so that if the contention petitioner side is found to be correct then things can be reconciled and parties may get to terms which may be in the ends of justice. Accordingly this Court directs : (i) Petitioners will not be arrested till the decision is taken in the Mediation Center after hearing both parties and appropriate orders are passed by this Court on or before the date fixed pursuant to the first information report dated 14.3.2009 which is under Section 498-A, 323 I.P.C. and 3 / 4 Dowry Prohibition Act which has been registered at crime no. 695 of 2009 at police station Kotwali, district Sitapur. (ii) The dispute between the parties be referred to Mediation Center and the matter may be placed on 26.5.2009. (iii) Office is directed to send immediate notice to respondent no. 5 informing the date fixed in the Mediation Center. Petitioner no. 1 is also to inform about this order by annexing certified copy of this order to the respondent no. 5 and to file affidavit before the Mediation Center. (iv) Office is directed to place all the papers as indicated above. (v) Petitioners are directed to deposit Rs. 5,000/- only within a period of two weeks from today with the Mediation Center. (vi) If the amount is not deposited then interim protection so given by this Court shall cease to operate and law will take its own course.