This court disposed of a Criminal Miscellaneous Writ Petition by con照着 panelizing the case record. The petition, originally filed seeking protection from arrest and mediation in a matrimonial dispute, stood dismissed in 2019 due to the petitioner's failure to deposit the required mediation fee.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 3748 of 2019 Petitioner :- Devendra Singh And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Kant Jha,Vishnu Murti Tripathi Counsel for Respondent :- G.A.,Sajiya Parveen
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
On 11.2.2019 the following order was passed:
"Heard learned counsel for the petitioners and learned A.G.A. for the State.
It is submitted by learned counsel for the petitioners that the present matter relates to a matrimonial dispute and the said matter can be well considered by Mediation Centre of this Court. The husband is not a party in the present writ petition. The marriage is of the year 2007. It is further contended that there are chances of reconciliation between husband and wife, therefore the matter may be referred to the Mediation Centre of this Court.
Having considered the arguments advanced across the bar, we have a feeling that Court owes a duty to the society to strive to the utmost to repair the frayed relations between the parties so that the wounded situation may be healed into a healthy rapprochement. The matter in had also appears to be one of those cases in which reconciliation should be tried between the disputing parties.
It is directed that petitioners shall deposit a sum of Rs.20,000/- within one month from today with the Mediation Centre of which Rs.16000/- shall be paid to the wife for appearance before the Mediation Centre.
The matter is remitted to the Mediation Centre with the direction that same may be decided after giving notices to both the parties.
It is directed that Mediation Centre shall decide the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench.
Till the next date of listing, the petitioners shall not be arrested in relation to case crime no.95 of 2018, under Sections 498-A, 323, 354, 376, 511, I.P.C., Police Station Mahila Thana, District Bareilly.
After depositing the amount aforesaid, notice shall be issued to the parties and in case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall stand vacated and the writ petition will automatically stand dismissed.
The order has been passed with the consent of counsel for both the sides."
Office has submitted report of the Deputy Registrar Incharge AHCMCC stating that the petitioners have not complied with the condition of deposit, as required by the order dated 11.2.2019.
As, by order dated 11.2.2019, on non compliance of condition of deposit, the petition stood dismissed, let the record of the case be consigned.
Order Date :- 13.5.2019 Manish Tripathi
1 issue framed by the court
Whether to maintain the order passed on 11.2.2019 dismissing the writ petition for non-compliance.
Devendra Singh And 5 Others
State Of U.P. And 3 Others
Manish Tripathi
As recorded by the court registry
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