Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 3017 of 2020 Petitioner :- Prince Yadav And 7 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ray Sahab Yadav Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners and the learned AGA for the State.
The present matter was entertained on 25.2.2020 and the following interim order was accorded:-
"By means of the present petition, the petitioners seek quashing of the first information report dated 13.09.2019 registered as Case Crime No. 485 of 2019, under Sections 498-A, 323, 504, 506, 354 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S.- Phoolpur, District- Prayagraj.
Looking to the allegations made in the first information report and noticing that the dispute between the parties is primarily matrimonial in nature and that the petitioner no.1 and the respondent no.5 are too young, we deem it fit and proper to refer the matter to the Mediation and Conciliation Centre, High Court at Allahabad to give a chance to the parties to find an amicable solution to their dispute.
The petitioner no.1 shall deposit an amount of Rs. 25,000/- within a period of two weeks from today before the Mediation and Conciliation Centre, High Court, Allahabad. Upon deposit of the said amount, notice be sent to the respondent no.5 indicating the date of appearance before the Mediation and Conciliation Centre. On the first date of appearance of the respondent no.5 (wife) before the Mediation Centre, an amount of Rs. 20,000/- shall be paid to her towards travelling expenses, etc.
The report of the Mediation and Conciliation Centre be submitted before the Court within a period three months from the date of deposits so made.
For a period of four months or till mediation report is received, whichever is earlier, the petitioners shall not be arrested.
However, it is made clear that in case of default on the part of the petitioner no.1 to make the deposits as directed above, interim protection granted hereinabove would automatically stand vacated.
List after four months from today."
Thereafter, the matter was taken on 9.9.2021. On the said date, the matter was directed to be listed in additional cause list on 29.9.2021, before the appropriate Bench.
As per the report submitted on 8.7.2020, by the Joint Registrar, In-Charge, AHCMCC, the petitioners have not deposited sum of Rs. 25,000/-, in response to the aforesaid interim order. Accordingly, notice could not be sent to the complainant.
In view of above circumstances, we are not inclined to accord further indulgence in the matter. Accordingly, interim order accorded on 25.2.2020, stands vacated.
Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, no case has been made out for interference with the impugned first information report.
Accordingly, the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for appropriate remedy as permissible under law and in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 29.9.2021 Kamarjahan