Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 22416 of 2018 Petitioner :- Kumari Lakshmi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arjun Singh Solanki Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard the learned counsel for the parties.
This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime No. 865 of 2017, under Sections 376, 498A, 323, 504 I.P.C., Police Station- Kasganj, District Kasganj.
Perusal of the record further shows that the controversy involved in issue is matrimonial in nature and the entire family members including the minor children 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 18.8.2018.
We have perused the interim order dated 18.8.2018.
In view of the aforesaid facts and circumstances, no purpose would be served in keeping the matter pending any further before this Court.
Thus, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties present, we dispose of this writ petition with the direction that the petitioner(s) shall not be 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.
Order Date :- 29.11.2018 Kuldeep