Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 2968 of 2021 Petitioner :- Asgar Ali And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar,Harish Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard Sri Anil Kumar Shukla, learned counsel for the petitioners and Sri Vinod Kant, learned Additional Advocate General, assisted by Sri Rajesh Mishra, learned A.G.A.
The respondent no.3 is the sister of the petitioners. It appears that out of some family dispute, the respondent no.3 in vengeance has lodged the complaint against the petitioners. Though certain non-compoundable offences are alleged in the complaint.
As it is a matter between brothers and sister, sister who is living in the parental house, the police authorities shall try to see that an amicable solution is arrived at between the parties by their interference not treating the first information report as an adversarial first information report.
We hope that in this matter the police authorities and the parties would during this pandemic shall approach each other to find out an amicable solution of dispute between the parties, which can be said to be for the betterment of the society. It is also expected that the petitioners shall not be co- ercively dealt with as in the facts and circumstances of the case, we do not see much severity also in the first information report nor a robust mensrea for the commission of the alleged offence is there. However, we do not quash the first information report impugned in this petition. But with the above hope, we dispose of this writ petition finally and the petitioners shall not be arrested in pursuance of Case Crime No.38 of 2021, under Sections 147, 452, 406, 447, 323, 504, 506, 427 I.P.C., Police Station Palimukimpur, district Aligarh till they have tried much their level best for conciliation of the dispute between the parties and or if a charge sheet is laid in the matter, whichever is later. The petitioners shall co- operate in the investigation.
With this observation, the writ petition is disposed of ex-parte without issuing notice to the private respondent.
We are thankful to the learned counsel for the petitioners, who requests for an opportunity for conciliation.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 7.5.2021 R./