Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 16264 of 2019 Petitioner :- Sumit Mehra And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Dubey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents no. 1 and 2 and perused the record.
The instant petition seeks quashing of the first information report dated 4.6.2019 registered as Case Crime No. 176 of 2019 at P.S. Kakadev, District Kanpur Nagar, U/s 498-A, 323, 315 I.P.C. and 3/4 D.P. Act.
The allegations in the impugned first information report discloses commission of cognizable offence. However, to explore the possibility of a settlement between the parties, as the matter had emanated from a matrimonial dispute, by order dated 12.6.2019, the matter was referred to the Mediation Centre of this Court.
The Mediation Centre has submitted a report dated 9.9.2019 disclosing that the Mediation process was completed but no agreement could be arrived at between the parties.
In view of the above, we have examined the matter at length.
Learned counsel for the petitioner has submitted that it appears to be a dispute between the husband and wife as the petitioner no. 1, Sumit Mehra (the husband of the informant) had been mostly away in connection with his Naval service. It has been submitted that on account of travelling abroad, it appears that differences had arisen.
Learned A.G.A. has pointed out that from the allegation made in the first information report, it further appears that even the maintenance cheque that was provided to the wife was stopped by the petitioner no. 1.
Be that as it may, as the allegations against the petitioner no. 1 discloses commission of cognizable offence, the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering that primarily the allegations are against the petitioner no. 1 (the husband of the informant), we deem it appropriate to dispose off this petition on behalf of the petitioners no. 2 (Shashi Mehra), 3 (Amit Mehra) and 4 (Ankit Mehra) by providing the investigation of the above case shall continue and brought to its logical conclusion but till submission of police report under Section 173 (2) Cr.P.C., the petitioners no. 2, 3 and 4 shall not be arrested provided they cooperate in the investigation.
In so far as the petitioner no. 1, Sumit Mehra is concerned, his petition is dismissed without prejudice to the right of the petitioner to apply for bail or anticipatory bail, as may be advised.
Order Date :- 28.11.2019 Saurabh