Hon'ble Yogendra Kumar Sangal,J.
List revised. None responds for the other side while learned counsel for the petitioners is present. In this case, as per report of the Registrar, mediation has unfortunately failed.
Heard learned counsel for the petitioners, learned A.G.A. and perused the material placed on record.
Perusal of the F.I.R. discloses commission of cognizable offence. Therefore, it cannot be quashed.
However, learned counsel for the petitioners submits that though mediation has unfortunately failed but the offences are not so grave and are triable by Magistrate. It is also submitted that the petitioners being law abiding citizens intend to appear before the Court below to participate in the proceedings after obtaining bail. In view of the above, this petition is disposed of finally with the direction that if the petitioners appear before the court below within a month from today and apply for bail, the same shall be considered expeditiously preferably on the same day, if possible, keeping in view the proposition of law laid down in the case of Smt. Amrawati and another Vs. State of U.P. reported in 2004 CBC page 705 and Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (1) JIC
677. Petition stands disposed of finally.
The connected Writ Petition No.10411 (MB) of 2009 be delinked from this case.
Order Date :- 28.1.2010 ML/-