Pawan Gautam And 4 Others vs State Of U.P. Thru Secy. And 2 ...
2014 Latest Caselaw 8720 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 21643 of 2014
 

 
Petitioner :- Pawan Gautam And 4 Others
 
Respondent :- State Of U.P. Thru Secy. And 2 Others
 
Counsel for Petitioner :- Kashi Naresh Mishra
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Mohd. Tahir,J.

Heard the learned counsel for the petitioners and the learned A.G.A.

This petition has been filed by the petitioners with a prayer to quash the F.I.R. in case crime no. 94 of 2014, under sections 498-A,323, 342, 504 and 506 I.P.C. and 3/4 of D.P.Act P.S. Mahila Thana, District Bulandshahar.

From the perusal of the F.I.R. it appears that on the basis of the allegation  made therein prima faice cognizable offence is made out. There is no ground for interfering in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.

However, considering the submissions made by the learned counsel for the petitioners that this F.I.R. has been lodged on account of matrimonial  dispute, the same may be settled by way of mediation, it is directed that in case both the parties appear before  the I.O. within 20 days from today for the purpose of meditation, the I.O. shall proceed further in this regard also and the petitioners shall not be arrested as per view taken by the Apex Court in the case of Joginder Kumar  Versus State of U.P. 1994 Cr.L.J. 1981. In case both the parties do not approach the I.O. for the purpose of meditation, or meditation fails, it shall be open to the I.O. to make their arrest. It is further directed that in case the meditation fails and the petitioners  appear before the court concerned within 15 days thereafter  and apply for bail, the same shall be heard and disposed of in view of the  case 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 Singh Versus State of U.P. reported in 2009(4) S.C.C. 437.

With this direction, this petition is finally disposed of.

Order Date :- 17.11.2014

v.k.updh.