Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 13777 of 2018
Petitioner :- Sunil Kumar Yadav And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shyamdhar Pandey
Counsel for Respondent :- G.A.,Praveen Kumar Singh
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
List has been revised.
Learned counsel for the petitioner is present along with learned A.G.A. Learned counsel for the private respondents is not present.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the FIR dated 9.5.2018 registered as Case Crime No. 232 of 2018, under Section 498-A, 323, 506, 354, 354-B, 376, 511, 377, 392, 379, 315 IPC & 3/4 D.P. Act, P.S. Bhalupur, District Varamasi.
The dispute being in essence matrimonial, was referred to the Allahabad High Court Mediation and Conciliation Centre vide order of this Court dated 25.5.2018 in order to resolve their differences amicably. In the said order, petitioners were directed to deposit a sum of Rs. 12,000/- within one month from that date with the mediation Centre. A report from the Mediation Centre dated 26.7.2018 is on record, which shows that parties are not willing or the mediation.
In view of above, we proceed to hear the case on merits.
Perusal of the FIR shows that on the basis of the matrimonial dispute between the parties, entire family members have been implicated in the present case on the basis of general allegations.
However, considering the peculiar facts and circumstances of the case and the submission advanced by learned counsel for the parties and also in view of the law laid down by the Apex Court in the cases of B.S. Joshi Vs. State of Haryana; 2003(4) SCC and Rajesh Sharma and others vs. State of U.P. and others decided on 27.7.2017 passed in Special Leave Petition (Crl.) No. 2013 of 2017, we dispose of this writ petition with the direction that the petitioner(s) shall not arrested in the aforementioned case till submission of police report under Section 173(2), Cr.P.C. However, petitioner(s) shall participate and co-operate with the investigation and police authorities shall conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally
disposed of.
Order Date :- 26.11.2018 LN Tripathi