Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 16727 of 2018 Petitioner :- Devendra And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard Mr. Ajay Kumar Mishra, learned counsel for the petitioner(s) and learned A.G.A. for the State.
This writ petition has been filed with the prayer to stay the arrest of the petitioners in Case Crime No. 0428 of 2018, under sections 498-A, 307, 323, 376, 506 IPC & 3/4 D.P. Act, P.S.- Sardhana, District-Meerut.
Perusal of the record further shows that the controversy involved in issue is matrimonial in nature and the entire family members have been implicated in the present case and that it is a case of no injury. Further, only general allegation has been made in the FIR against the petitioners. In this view of the matter, the matter was referred to the mediation centre vide order dated 22.6.2018.
Perusal of the order dated 22.6.2018, the matter was referred to the Mediation Centre. Subsequently a report dated 24.8.2018 has been received from mediation centre, which shows that the even though the mediation completed but no agreement could be arrived at by the parties.
In view of the aforesaid facts and circumstances, no purpose would be served in keeping the matter pending any further before this Court. Accordingly, the writ petition is disposed of in the following terms:
So far as petitioner no. 1 is concerned, the following order is being passed;
After hearing learned counsel for petitioner no. 1 and learned AGA, it is directed that in case, petitioner no. 1 appears and surrenders before the court below within 60 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 60 days from today or till petitioner no. 1 surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against petitioner no. 1. However, in case, petitioner no. 1 does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
So far as petitioner nos. 2 to 5 are concerned, the following order is being passed;
Considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that petitioner nos. 2 to 5 shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner nos. 2 to 5 shall participate and co-operate with the investigation.
With the aforesaid observations, the instant writ petition is finally disposed off.
Order Date :- 28.11.2018 sweta