Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
The petitioners by means of this writ petition under Article 226 of Constitution, have prayed for quashing FIR relating to case crime no. 358 of 2009 under Sections 498-A, 323, 504 & 506 IPC read with Section 3/4 IPC of Police Station Thakurganj, district Lucknow.
This Court vide order dated 13.07.2009 had referred the matter to the Mediation & Conciliation Centre of this Court with the hope that the dispute between the parties may be mediated.
Report of the Mediation & Conciliation Centre dated 17.12.2009 is on the record from which it transpires that mediation between the parties has failed. Apart from it, learned Additional Government Advocate informed the Court that charge sheet has already been submitted in this Case.
Since the allegations made in the FIR disclose commission of cognizable offence and since charge sheet has been submitted, as such the FIR cannot cannot be quashed.
However, it is directed that if petitioner No 2 Smt. Rukhsana surrenders before the court concerned and moves application for bail, she being lady, her bail application shall be heard and disposed of expeditiously by the courts below giving her the benefit of Section 437 Cr.P.C.
It is further directed that if rest of the petitioners surrender before the Court below and move application for bail, their bail application shall be heard and disposed of expeditiously by the Courts below.
Subject to above observations/directions, the petition is finally disposed of.
Order Date :- 3.2.2010 anb