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2025 DAILYLAW 58241 (ALL)

NAND KISHOR SAINI AND 7 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/10062/2025 · 2025-05-18

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10062 of 2025 Petitioner :- Nand Kishor Saini And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. This writ petition has been filed with the prayer to quash the First Information Report dated 01.04.2025 registered as Case Crime No.0036 of 2025 under Sections 498- A, 323 IPC and Section 3/4 of the Dowry Prohibition Act, 1961 registered at Police Station Mahila Thana, District Mathura and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. It is stated that petitioners have been falsely implicated in the First Information Report and there is a genuine matrimonial issue in respect of which mediation ought to be tried first before proceeding with criminal investigation as it has the potential of disturbing the marital life for all times to come. Submission is that the matter be referred to Mediation Centre of this Court. 4. In the facts of the present case, we are of the view that an attempt be made to resolve the differences between the parties by way of mediation. It is, therefore, directed that petitioners shall deposit a sum of Rs. 35,000/- within three weeks from today with the Mediation Centre out of which Rs.30,000/- shall be paid to the wife of petitioner no.1 for appearance before the Mediation Centre. The remaining amount shall go to mediation centre towards the expenses of mediation. 5. The matter is remitted to the Mediation Centre with the direction that same may be resolved after giving notices to both the parties. 6. It is directed that Mediation Centre shall make all endeavours to resolve the dispute amicably, expeditiously, preferably within a period of three months. 7. List after three months. 8. Till the next date of listing, no coercive action shall be taken against the petitioners pursuant to the aforesaid First Information Report. 9. 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. Order Date :- 19.5.2025 NLY (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad