Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 21858 of 2018 Petitioner :- Vipin And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Kumar Srivastava Counsel for Respondent :- G.A.,Rahul Mishra
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
List revised.
None appears on behalf of respondent no. 4.
This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime No. 445 of 2018, under Sections 498A, 323, 376, 506, 511, 307, 354, I.P.C. and section 3/4 D. P. Act, Police Station- Daurala District Meerut.
Perusal of the record further shows that the controversy involved in issue is matrimonial in nature and the entire family members have been implicated in the present case and that it is a case of no injury. Further, only general allegation has been made in the FIR against the petitioners. In this view of the matter, the matter was referred to the mediation centre vide order dated 10.8.2018.
Perusal of the order dated 10.8.2018, the matter was referred to the Mediation Centre. Subsequently a report dated 26.10.2018 has been received from mediation centre, which shows that the even though the mediation completed but no agreement could be arrived at by the parties.
In view of the aforesaid facts and circumstances, no purpose would be served in keeping the matter pending any further before this Court.
Thus, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties present, we dispose of this writ petition with the direction that the petitioner(s) shall not be 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.
Order Date :- 29.11.2018 Kuldeep