Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 16427 of 2018
Petitioner :- Hiro And 3 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Anurag Mishra,Atul Tripathi
Counsel for Respondent :- G.A.
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 5.6.2018 registered as FIR No. 288 of 2018, under Section 498-A, 354, 313, 504, 506, 376 IPC, P.S. Khuldabad, District Allahabad.
The dispute being in essence matrimonial, was referred to the Allahabad High Court Mediation and Conciliation Centre by another Bench of this Court vide order dated 21.6.2018 in order to resolve their differences amicably. In the said order, petitioners were directed to deposit a sum of Rs. 20,000/- within two weeks from that date with the mediation Centre. A report from the Mediation Centre dated 18.11.2018 is on record, which shows that even though, the petitioners had appeared before the Allahabad High Court Mediation and Conciliation Centre. However, the respondents did not appear before it in compliance of the earlier order passed by another Bench of this Court dated 21.6.2018. Therefore, we are ready to hear the matter on merits.
It has been submitted by learned counsel for the petitioners that the impugned FIR has been lodged by the complainant- respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; out of their wedlock, two children were born; entire family members have been implicated in the present case on the basis of general allegations; apart from the bald allegations made in the impugned FIR, no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged office and hence the impugned FIR, which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the impugned first information report as well as the other material brought on record, we are not inclined to quash the impugned FIR.
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.
The Court has been informed that in compliance of the earlier order dated 21.6.2018, the petitioner had deposited a sum of Rs. 20,000/- with the Mediation Centre and he had appeared before it but the wife had not appeared before the Mediation Centre.
In view of aforesaid, a sum of Rs. 18,000/- will be returned to the petitioner No.4 Sunil (husband), by means of a demand- draft drawn in favour of him within a period of one month from the date of production of a certified copy of this order before it. The balance amount of Rs. 2,000/- be retain to the Mediation Centre towards its expenses.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 26.11.2018 LN Tripathi