Akash Baiswar And Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
2025 Latest Caselaw 12321 ALL

Citation : 2025 Latest Caselaw 12321 ALL
Judgement Date : 11 November, 2025

Allahabad High Court

Akash Baiswar And Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 11 November, 2025

Author: Rajnish Kumar

Bench: Rajnish Kumar





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:71642-DB
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
CRIMINAL MISC. WRIT PETITION No. - 7488 of 2024   
 
   Akash Baiswar And Others    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Home Lko. And Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Deo Raj Singh, Rajesh Kumar Anand   
 
  
 
Counsel for Respondent(s)   
 
:   
 
G.A., Rakesh Kumar Agarwal, Saksham Agarwal   
 
     
 
 Court No. - 10
 
   
 
 HON'BLE RAJNISH KUMAR, J.

HON'BLE ZAFEER AHMAD, J.

1. Heard Sri Deo Raj Singh, learned counsel for the petitioners, learned A.G.A. for the State and Sri Saksham Agarwal, learned counsel for the respondent No.4.

2. This petition been filed challenging an F.I.R. bearing Case Crime No.0380/2024, under Sections 85, 115(2), 352, 351(2) of B.N.S., 2023 and Section 3/4 of Dowry Prohibition Act, Police Station Gudamba, District Lucknow.

3. This Court, by means of an order dated 03.10.2024, had referred the matter to the Mediation and Conciliation Center of this Court. The order dated 03.10.2024 is extracted herein below:-

"1. Shri Saksham Agarwal, Advocate has filed Vakalatnama on behalf of respondent no.4, which is taken on record.

2. Heard learned counsel for the petitioners, learned A.G.A. for the State and learned counsel for the respondent no.4.

3. The instant writ petition has been filed by the petitioners with the following main reliefs :

"(i) Issue a writ, order or direction in the nature of certiorari for quashing the impugned First Information Report so far as it relates with the petitioners vide F.I.R. No.0380 of 2024 registered at Police Station Gudamba, District Luknow on 20.09.2024 under Section 85, 115(2), 352, 351(2) of B.N.S., 2023 and Section 3/4 D. P. Act.

(ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties particularly opposite party nos.2 and 3 not to arrest and harass the petitioners in pursuance of the impugned F.I.R. No.0380 of 2024 registered at Police Station Gudamba, District Luknow on 20.09.2024 under Section 85, 115(2), 352, 351(2) of B.N.S., 2023 and Section 3/4 D. P. Act."

4. The petitioners as well as respondent no.4 have expressed an inclination to settle the matrimonial dispute amicably through mediation before the Mediation and Conciliation Centre of this Court.

5. The petitioner no.1 in order to show his bona fides for entering into an amicable settlement has volunteered to deposit a sum of Rs.10,000/- before the Mediation and Conciliation Centre of this Court. Out of the aforesaid amount, Rs.5,000/- shall be released in favour of the respondent no.4. The parties shall appear before the Mediation and Conciliation Centre of this Court on 24.10.2024. The Mediation and Conciliation Centre of this Court shall submit a report upon arriving at a settlement between the parties at the earliest.

6. List along with the mediation report.

7. Till the next date of listing, petitioners No.1 to 3, namely, Akash Baiswar, Neelam Baiswar and Arun Kumar Verma shall not be arrested in furtherance of the impugned F.I.R. No.0380 of 2024 registered at Police Station Gudamba, District Luknow on 20.09.2024 under Section 85, 115(2), 352, 351(2) of B.N.S., 2023 and Section 3/4 D. P. Act. subject to restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation. "

4. In pursuance to the aforesaid order, the parties appeared before the Mediation and Conciliation Center of this Court and the matter has been settled amicably. The Mediation and Conciliation Center has submitted a report dated 05.04.2025 alongwith settlement agreement arrived at between the parties.

5. Learned counsel for the petitioners submits that since the parties have amicably settled their dispute and a joint divorce petition bearing Regular Suit No.798/2025, under Section 13-B of the Hindu Marriage Act, 1955 before the learned Principal Judge, Family Court, Lucknow was also filed, which has been allowed, therefore, the proceedings arising out of F.I.R./Case Crime No.0380/2024, under Sections 85, 115(2), 352, 351(2) of B.N.S., 2023 and Section 3/4 of Dowry Prohibition Act, Police Station Gudamba, District Lucknow may be quashed as no fruitful purpose will be served by keeping the same pending.

6. Learned A.G.A. as well as learned counsel for the respondent No.4 do not dispute the contentions of learned counsel for the petitioners. Even otherwise learned counsel for the respondent No.4 submits that since the parties have amicably settled their dispute through mediation, the respondent No.4 does not want to pursue the prosecution in pursuance to the impugned F.I.R. and the same may be quashed.

7. Learned counsel for the parties have also placed reliance upon the judgments rendered by the Hon'ble Supreme Court in the cases of State of Haryana and Others Vs. Bhajan Lal and Others; 1992 SCC (Crl.)426, Dimpey Gujral and Others Vs. Union Territory Through Administrator; 2013 (11) SCC 497, Narendra Singh and Others Vs. State of Punjab and Others; 2014 (6) SCC 466 and Yogendra Yadav And Others Vs. State of Jharkhand; 2014 (9) SCC 653.

8. Considering the submissions of learned counsel for the parties and keeping in view the law laid down by the Hon'ble Supreme Court in the above referred judgments as well as in view of the report dated 05.04.2025 of the Mediation and Conciliation Center of this Court and also the contention of learned counsel for the parties that the divorce petition filed by the parties bearing Regular Suit No.798/2025, under Section 13-B of the Hindu Marriage Act, 1955 before the learned Principal Judge, Family Court, Lucknow for divorce by mutual consent has been allowed and the fact that the dispute is a personal dispute which is not going to affect in any manner the society at large and also that since the parties have amicably settled their dispute and the respondent No.4 does not want to prosecute the petitioners, there are very weak chances of conviction, the impugned F.I.R. lodged vide Case Crime No.0380/2024, under Sections 85, 115(2), 352, 351(2) of B.N.S., 2023 and Section 3/4 of Dowry Prohibition Act, Police Station Gudamba, District Lucknow is hereby quashed so far as it relates to the instant petitioners.

9. Accordingly, the instant writ petition is allowed and the report dated 05.04.2025 of the Mediation and Conciliation Center of this Court shall be part of this order.