Awadhesh Kumar Sharma And 4 Others v. State Of U.P. And 3 Others

Heard learned counsel for the petitioners and learned A.G.A. appearing for the State respondents.

The petitioners, by means of this writ petition under Article 226 of the Constitution of India, has invoked the inherent jurisdiction of this Court with prayer to quash the impugned First Information Report dated 27-01-2025 registered as Case Crime No.51 of 2025 under Sections 85, 115(2), 351(2), 352 B.N.S. and Section 3/4 D.P. Act, P.S. Badlapur, District Jaunpur.

It is submitted by learned counsel for the petitioners that the present matter relates to matrimonial dispute, which may be amicably settled by way of mediation and conciliation. Learned counsel for the petitioners states that there is every possibility of mediation in the present case, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court.

Issue notice to the respondent no.4, returnable at an early date. Steps be taken within a week.

In view of the above, it is directed that petitioners shall deposit a sum of Rs.35,000/- within ten days from today with the Mediation Centre of this Court out of which Rs.30,000/- shall be paid to the respondent no.4, on the date fixed, for her appearance before the Mediation Centre and Rs. 5000/- shall be retained by the Mediation Centre as mediation fee.

The matter is remitted to the Mediation Centre with the direction that after deposit of aforesaid amount, by the petitioners, it shall issue notice to the parties fixing some date for mediation and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months.

List after expiry of aforesaid period before the appropriate Bench along with the report of Mediation Centre.

Till the next date of listing, no coercive action shall be taken against the petitioners in the above mentioned case.

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 :- 27.2.2025 (Prashant Kumar, J.) (M.C. Tripathi, J.)