Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7765 of 2021 Petitioner :- Dileep Kumar and 7 others Respondent :- State Of U.P. and 2 others Counsel for Petitioner :- Kumar Dhananjay Counsel for Respondent :- G.A.,Ajay Kumar Srivastava,Sushil Kumar Pandey
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners; learned A.G.A. for respondent nos.1 and 2 and Shri Yogesh Kumar Vaish, Advocate holding brief of Shri Sushil Kumar Pandey, learned counsel for the complainant.
Present writ petition is preferred seeking following reliefs:-
"i. Issue a writ, order or direction in the nature of certiorari to quash the impugned F.I.R. dated 29.07.2021 bearing Case Crime/F.I.R. No.0061 of 2021 U/s 498-A, 323, 504, 506 of I.P.C. and 3/4 of D.P.
Act, registered at Police Station Mahila Thana, District Bareilly.
ii. Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest and harass the petitioners in connection with the impugned F.I.R. dated 29.07.2021 bearing Case Crime/F.I.R. No.0061 of 2021 U/s 498-A, 323, 504, 506 of I.P.C. and 3/4 of D.P. Act, registered at Police Station Mahila Thana, District Bareilly."
Learned A.G.A., on the basis of instructions, apprises to the Court that the present matter relates to matrimonial dispute. It has already been referred to the District Court Mediation Centre on 08.9.2021 and the parties were directed to appear on 14.9.2021.
Learned counsel for the complainant states that he has no objection, in case the matter is settled amicably.
In the facts and circumstances of the case, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, the present petition is disposed of at this stage, leaving it open to the parties to get their dispute resolved amicably. As the matter is already ceased with the District Court Mediation and Conciliation Centre, let the mediation proceeding be concluded within a period of three months from today and the report be submitted to the concerned Court. Thereafter, the concerned Court would consider the matter strictly in accordance with law.
For a period of three months from today, no coercive action shall be taken against the petitioners pursuant to the impugned first information report dated 29.07.2021 bearing Case Crime/F.I.R. No.0061 of 2021 U/s 498-A, 323, 504, 506 of I.P.C. and 3/4 of D.P. Act, registered at Police Station Mahila Thana, District Bareilly.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
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 :- 20.9.2021 RKP Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.09.21 10:23:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by RAM KRISHNA GAUTAM Date: 2021.09.21 10:25:27 IST Reason: Document Owner Location: High Court of Judicature at Allahabad