Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3089 of 2021 Petitioner :- Ashok Kumar Sharma And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shailendra Kumar Pandey Counsel for Respondent :- G.A.,Ganesh Mani
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard Sri Shailendra Kumar Pandey, learned counsel for the petitioner, Sri Ganesh Mani, learned counsel for respondent No.4, learned A.G.A. through video conference and perused the petition.
By way of this petition, the petitioners have prayed for quashment of the First Information Report No.134 of 2021 dated 26.02.2021 lodged against the petitioners under Sections 498A, 323, 504, 506 & 313 of I.P.C. and 3/4 of Dowry Prohibition Act at P.S. Naubasta District, Kanpur City. An alternative prayer has also been made that this Court may direct the respondents other than respondent No.4, not to coercively deal with the petitioners till the completion of the investigation undertaken from the aforesaid F.I.R.
At the outset, it is stated by learned counsel for respondent No.4 that as the present litigation arises out of matrimonial dispute, she is willing to amicably settle the same but she wants some assurances from the petitioners who are her in-laws.
As it is matrimonial matter and as all the offences which are lodged have punishments less than 7 years except Section 313 of I.P.C., we direct the police authorities to conciliate in this matter as directed by the Apex Court in Geeta Mehrotra v. State of U.P., (2012) 10 SCC 741 and adhere to the provisions of Section 41 A of Cr.P.C. and shall see that the disputes be amicably sorted out on their own.
In view of the above, this petition is disposed of at this stage with liberty to revive the same in case of any difficulty.
Order Date :- 11.5.2021 DKS