Neutral Citation No. - 2025:AHC-LKO:6029-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 704 of 2025 Petitioner :- Asif And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 2 Others Counsel for Petitioner :- Prateek Tewari,Raj Nath Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioners and learned A.G.A., who appears on behalf of State-respondents. 2. This petition has been filed with the following prayers :- "I. Issue a writ in the nature of certiorari or any other writ or order or direction quashing the impugned First Information Report No.0609/2024, dated 21.12.2024 lodged by the respondent no.3 under section 85, 352, 115(2), 351(3) BNS at Police Station Thakurganj, District Lucknow against the petitioners, as contained in Annexure No.1 to the writ petition. II. Issue a writ in the nature of mandamus or any other writ or order or direction commanding the respondent no.2 not to arrest the petitioners in pursuance of the impugned First Information Report opposite No.0609/2024, dated 21.12.2024 lodged by the respondent no.3 under section 85, 352, 115(2), 351(3) BNS at Police Station Thakurganj, District Lucknow." 3. It has been submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the impugned FIR. It is also submitted that the petitioner no.1 is the nephew of co-accused Shafiq Ahmad who is the husband of respondent no.3 and the petitioner no.2 is the wife of petitioner no.1 and they were very close to their maternal uncle. It is also submitted that on 13.12.2024 the co-accused Shafiq Ahmad called the petitioner no.1 telephonically and expressed fear of harm on his wife Smt Ayesha Parveen-respondent no.3. 4. Learned A.G.A. has produced before this Court instructions dated 24.01.2025 sent by Sri Virendra Singh, Sub Inspector, P.S. Thakurganj, District Lucknow, wherein it has been stated that after registering the Case Crime No.0609 of 2024 against the accused, it was found during the course of investigation that the dispute was matrimonial in nature and therefore, need was felt to send the parties to the mediation center. The parties are before the mediation center. 5. Since all the offences that has been alleged against the petitioners carry the sentence of upto 7 years of imprisonment. 6. Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) and also the directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. Order Date :- 29.1.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench