Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12629 of 2021 Petitioner :- Arnav Upadhyay Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Mani Tripathi Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner Shri Indra Mani Tripahti and the learned A.G.A.
The petitioner, by means of this writ petition under Article 226 of the Constitution of India, has invoked the jurisdiction of this Court with prayer to quash the impugned First Information Report dated 16.03.2021 registered as Case Crime No.110 of 2021 under Sections 376 (2) (n), 377, 313 and 506 IPC, P.S. Nawabganj, district Bareilly and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
Learned counsel for the petitioner submits that from perusal of FIR it is apparent that the relationship between the accused and the prosecutrix was consensual in nature. It is further submitted that the petitioner and complainant are literate persons and the complainant is LL.B qualified, modern and independent women. Learned counsel for the petitioner in support of his submissions has placed reliance on the judgment of Hon'ble Apex Court in Sonu alias Subhash Kumar v. State of U.P. & Anr., AIR 2021 SC 1405 (para 11).
It is submitted by learned counsel for the petitioners that the present matter may be amicably settled by way of mediation and conciliation, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court.
Issue notice to the opposite party no.3, returnable at an early date. Steps may be taken within a week.
Taking into account the statement of learned counsel for the petitioner, it is directed that the petitioner shall deposit a sum of Rs.30,000/- within three weeks from today with the Mediation Centre of this Court, out of which Rs.25,000/- shall be paid to respondent no.3 for her appearance before the Mediation Centre and Rs.5000/- shall go to the Mediation Centre as mediation fee.
The matter is remitted to the Mediation Centre with the direction that after deposit of such amount, by the petitioner, 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, the respondents are restrained to arrest the petitioner in the above mentioned case.
It is made clear that in case there occurs default by the petitioner 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 :- 23.12.2021 pks