Deepak Alias Deep Kumar Patel And ... vs State Of U.P. ...
2023 Latest Caselaw 11957 ALL

Citation : 2023 Latest Caselaw 11957 ALL
Judgement Date : 19 April, 2023

Allahabad High Court

Deepak Alias Deep Kumar Patel And ... vs State Of U.P. ... on 19 April, 2023

Bench: Sangeeta Chandra, Narendra Kumar Johari




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 6457 of 2022
 
Petitioner :- Deepak Alias Deep Kumar Patel And Others
 
Respondent :- State Of U.P. Thru.Prin.Secy.Deptt. Of Home And Others
 
Counsel for Petitioner :- Srees Kumar Srivastava
 
Counsel for Respondent :- G.A.,Anumesh Mishra,Avinash Kumar Ojha,Sushil Kumar Verma
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioners, learned A.G.A. for the State/respondents and perused the material placed on record.

Present writ petition has been preferred for quashing the F.I.R. dated 02.08.2022, being F.I.R./Case Crime No.110 of 2022, under Sections 498-A, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, at Police Station Bara Sagwar, District- Unnao; and for a direction to respondents not to arrest and not to take any coercive action against the petitioners pursuant to aforesaid F.I.R.

This Court vide order dated 13.10.2022 had referred the matter to the Mediation and Conciliation Center of this Court.

The Mediation Center has submitted its report. This court has perused the report of the Mediation and Conciliation Center of this Court dated 22.03.2023. No agreement could be reached between the parties.

The submission of learned counsel for the petitioners is that all alleged offences for which the petitioners have been charged carry maximum punishment of less than seven years. Therefore, the benefit of Section 41 and 41-A of the Cr.P.C. and the benefit of the judgment rendered by Hon'ble Supreme Court in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 may be provided.

Accordingly, the instant petition stands disposed of with the direction to the police authorities to follow the mandate provided under Section 41 and 41-A of the Cr.P.C. and the benefit of the judgment rendered by Hon'ble Supreme Court in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 27.

Order Date :- 19.4.2023

ML/-