Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 20092 of 2018 Petitioner :- Mohd Yasar Arafat And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shahabuddin Counsel for Respondent :- G.A.,Ajay Kumar Tripathi,Shobhit Pathak
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with prayer to quash the F.I.R. dated 23.06.2018 lodged in Case Crime No.0082 of 2018, under Sections 498A, 323, 504, 506, 307 I.P.C., and Sect ion 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Moradabad.
It has been submitted by learned counsel for the petitioners on account of matrimonial discord between the spouse, the present proceedings has been initiated which can be well settled before the mediation centre of this Court.
Learned counsel for the private respondent states that mediation before the District Court is pending between the parties.
Per contra, learned A. G. A. submitted that from the perusal of the impugned F.I.R. it cannot be said that no cognizable offence is made out, hence the impugned F.I.R., is not liable to be quashed.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F.I.R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till the conclusion of the mediation proceedings going on before the District Court, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 26.7.2018 S.Ali