Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 30920 of 2018 Petitioner :- Shiromani And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nagendra Nath Mishra,Nitya Nand Mishra Counsel for Respondent :- G.A.,Rajesh Kumar
Hon'ble Manoj Misra,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; learned AGA for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 17th September, 2018 registered as Case Crime No.0541 of 2018, under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 of Dowry Prohibition Act at Police Station Dhanghata, District Sant Kabir Nagar.
The impugned first information report discloses commission of cognizable offences. However, to explore possibility of settlement between the parties, on 29th October, 2018 following order was passed:
"Heard learned counsel for the petitioners and learned A.G.A for the State.
It is submitted by learned counsel for the petitioners that the present matter relates to a matrimonial dispute between husband and wife and the said matter can be well considered by Mediation Centre of this Court.
It is directed that petitioners shall deposit a sum of Rs. 20,000/- within two weeks from today with the Mediation Centre of which Rs. 19,000/- shall be paid to Smt. Rekha daughter of opposite party no. 4 for her appearance before the Mediation Centre.
The matter is remitted to the Mediation Centre with the direction that the Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months after giving notices to both the parties.
Thereafter, the case shall be listed before appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the petitioners in Case Crime No.0541 of 2018 under Sections 498- A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Dhanghata, District Sant Kabir Nagar.
After depositing the amount, aforesaid, notice shall be issued to the parties and in case the aforesaid amount is not deposited within the aforesaid period, this petition shall stand dismissed automatically."
Pursuant to the above order, the mediation centre has submitted report that the petitioners have failed to deposit Rs.20,000/- (twenty thousand) and, therefore, the matter was not mediated.
No one is present for the petitioners. Sri Rajesh Kumar is present for the respondent no.4.
In view of the above, since the impugned first information report discloses commission of cognizable offences, the prayer of the petitioners to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the rights of the petitioners to apply for bail or anticipatory bail, as may be advised.
Order Date :- 27.11.2019. Rks.