Sarvjeet @ Rinku And Ors. vs The State Of U.P Thru Principal ...
2014 Latest Caselaw 7205 ALL

Citation : 2014 Latest Caselaw 7205 ALL
Judgement Date : 26 September, 2014

Allahabad High Court

Sarvjeet @ Rinku And Ors. vs The State Of U.P Thru Principal ... on 26 September, 2014

Bench: Ravindra Singh, Ashwani Kumar Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 9955 of 2014
 

 
Petitioner :- Sarvjeet @ Rinku And Ors.
 
Respondent :- The State Of U.P Thru Principal Secy., Home Deptt., And Ors.
 
Counsel for Petitioner :- Rashid Ahmad,A.K Tiwari
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Ashwani Kumar Singh,J.

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

This petition has been filed by the petitioners Sarvjeet @ Rinku And Ors. with a prayer to quash the FIR in case crime No. 663 of 2009 under sections 323, 498-A IPC and section 3/4 D.P. Act, P.S. Safadarganj, District Barabanki.

From the perusal of the FIR 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 FIR. Therefore, the prayer for quashing the impugned FIR is refused.

However, considering the submissions made by learned counsel for the petitioners that this FIR 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 mediation, the I.O. shall proceed further in this regard also and the petitioners shall not be arrested in 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 mediation within the aforesaid period or mediation fails, it shall be open to the I.O. to make their arrest. It is further directed that in case petitioners appear before the court concerned within 30 days from today and apply for bail, the same shall be heard and disposed of by the courts blow 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 PratapSingh 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 :- 26.9.2014

RPD