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Ankit Sharma(Husband) And 3 … vs State Of U.P. And 3 Others on 7 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 41

Case :- CRIMINAL MISC. WRIT PETITION No. – 25001 of 2019

Petitioner :- Ankit Sharma(Husband) And 3 Others

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Harish Kumar Yadav

Counsel for Respondent :- G.A.,Sanjay Kumar Sharma

Hon’ble Mrs. Sunita Agarwal,J.

Hon’ble Pradeep Kumar Srivastava,J.

Heard learned counsel for the petitioners, learned counsel appearing on behalf of respondent no. 4, learned A.G.A. and perused the record.

By means of the present petition, the petitioners are seeking quashing of the First Information Report dated 25.09.2019, registered as Case Crime No. 59 of 2019, under Sections 498A, Section323, Section313, Section504 I.P.C. and Section 3/Section4 Dowry Prohibition Act, Police Station Mahila Thana, District Moradabad.

At the outset, learned counsel for the petitioners states that the present matter is a matrimonial dispute which can be settled through the process of medication and the petitioners are ready to participate in the process of mediation.

In reply, learned counsel appearing on behalf of respondent no. 4/wife states that the mediation is going on before the Mediator as per the directions issued by the court in the proceeding under Section 9 of the Hindu Marriage Act. However, petitioner no. 1 (husband) is not appearing before the mediator.

At this stage, learned counsel for the petitioners states that the petitioner no. 1 undertakes to participate in the process of mediation and in case of any requirement, petitioners no. 2 to 4 shall also appear before the Mediator on the dates fixed.

In view of above statement, it is provided that the Mediator in the District Court Mediation and Conciliation Centre shall fix short dates for appearance of the parties and conclude the mediation proceeding, preferably within a period of six weeks from today and submit the mediation report before the court concerned.

It is, however, provided that till conclusion of the mediation proceeding or until the police submits the report under Section 173(2) Cr.P.C., whichever is later, the petitioners shall not be arrested. They shall, however, cooperate in the investigation and shall not make any effort to influence any witness.

The present petition, is accordingly, disposed of.

Order Date :- 7.12.2019

sailesh

 

 

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