Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14267
of 2018
Petitioner :- Fazar Mohd @ Sonu And 5 Others
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Siya Ram Verma,Bhawna Verma
Counsel for Respondent :- G.A.,Alok Kumar
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the FIR dated 2.4.2018 registered as Case Crime No. 19 of 2018, under Section 498-A, 323, 504, 354-B, 376, 511, 307 IPC & 3/4 D.P. Act, P.S. Mahila Thana, District Baghpat.
The dispute being in essence matrimonial, was referred to the Allahabad High Court Mediation and Conciliation Centre vide order of this Court dated 30.5.2018 in order to resolve their differences amicably. In the said order, petitioners were directed to deposit a sum of Rs. 15,000/- within one month from that date with the mediation Centre. A report from the Mediation Centre dated 31.8.2018 is on record, which shows that even though, the mediation has been completed but there is no agreement between the parties.
In view of above, we proceed to hear the case on merits.
Perusal of the FIR shows that on the basis of the matrimonial dispute between the parties, entire family members have been implicated in the present case on the basis of general allegations and out of their wedlock, two children were born.
However, considering the peculiar facts and circumstances of the case and the submission advanced by learned counsel for the parties and also in view of the law laid down by the Apex Court in the cases of B.S. Joshi Vs. State of Haryana; 2003(4) SCC and Rajesh Sharma and others vs. State of U.P. and others decided on 27.7.2017 passed in Special Leave Petition (Crl.) No. 2013 of 2017, we dispose of this writ petition with the direction that the petitioner(s) shall not arrested in the aforementioned case till submission of police report under Section 173(2), Cr.P.C. However, petitioner(s) shall participate and co- operate with the investigation and police authorities shall conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 26.11.2018 LN Tripathi