Neutral Citation No. - 2025:AHC:39846-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 20146 of 2024 Petitioner :- Asif Ahmad And 4 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Mukul Srivastava,Vikas Srivastava Counsel for Respondent :- G.A.,Ravi Shanker Tiwari Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. List revised. 2. Learned counsel for the petitioners have not turned up. 3. Shri R.S. Tiwari, learned counsel for the informant submits that on one hand the petitioners has obtained exparte interim order on 08.11.2024 by misleading the Court on the ground that of matrimonial dispute, on the other hand they have not deposited the requisite amount of Rs.30,000/- with the Mediation Center of this Court. 4. The Mediation Center has also submitted its report on 08.01.2025 wherein it is mentioned that the petitioners have not complied with the condition imposed by the Writ Court. 5. Considering the factual situation, the interim order dated 08.11.2024 is vacated. 6. We have perused the FIR dated 21.08.2024, registered as case crime no.0055 of 2024, under sections 498A, 323, 506 IPC, Section 3/4 D.P.Act and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019, P.S. Mahila Thana, District Shahjahanpur, which prima facie discloses cognizable offences against the petitioners and therefore, the prayer made to quash the FIR cannot be entertained in view of law laid down by Hon'ble Apex Court in the cases of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and as such, we are of the view that no interference is warranted. 7. However, considering the fact that all the offences, complained of in the impugned FIR, are punishable with a term up to seven years, therefore, in case of effecting the arrest of the petitioners in pursuance of the impugned FIR, it is directed that the respondents/ authorities shall ensure that the specific provisions contained in Section 41(1)(b) and Section 41-A of CrPC/Section 35(3) to 35(7) of Bhartiya Nagrika Suraksha Sanhita, 2023 and the guidelines issued by Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 as well as the directions issued in judgement and order dated 28.01.2021 of this Court passed in Criminal Misc. Writ Petition No. 17732 of 2020 (Vimal Kumar and 3 Others Vs. State of U.P. and 3 Others) reported in 2021 (2) ACR 1147, be strictly complied with. 8. With the aforesaid observations, the instant writ petition stands disposed of. Order Date :- 19.3.2025 S.P. (Prashant Kumar,J.) (M.C. Tripathi, J) Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad