Hon'ble Vishnu Chandra Gupta,J.
Heard learned counsel for the petitioners and learned A.G.A.
From the perusal of the record it reveals that this matter was sent to the Mediation centre of this court. The report of the mediation centre has been received which shows that parties are not willing for mediation.
This petition has been filed by the petitioners Yogendra Singh @ Sonu And Ors with a prayer to quash the impugned F.I.R. in case crime no. 635 of 2012, under sections 498-A, 323, 504, 506, 452, 34 IPC and section 3/4 D.P.Act, P.S. Kotwali Nagar, district Gonda.
From the perusal of the impugned F.I.R. it appears that on the basis of the allegations made therein a prima facie offence is made out. There is no ground for interference in the impugned F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submission made by learned counsel for the petitioners that petitioner No. 2 Vineeta Singh is sister of husband of the victim, the petitioner No. 6 Rajbal Singh is relative of the victim and he is not family member of the husband of the petitioners No. 4, considering the same, the petitioner No. 2 Vineeta Singh and petitioner No. 6 Rajbal Singh shall not be arrested in view of the provisions of section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P. 1994 Cr.L.J., 1981, till the credible evidence is not collected by the I.O. during pendency of the investigation.
So far as petitioners No. 3,4,5 and 6 are concerned, it is directed that in case they appear before the court below and apply for bail within 30 days from today, the same shall be heard and disposed of in view of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 which has been approved by the Hon'ble Apex Court in Lal Kamlendra Pratap Sigh Versus State of U.P reported in 2009(4) S.C.C. 437.
With the above direction this petition is finally disposed of.
Order Date :- 25.8.2014 RPD