MAHENDRA SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/763/2025 · 2025-01-28
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
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Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5494-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 763 of 2025 Petitioner :- Mahendra Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Arvind Kumar Tripathi,Krishna Dutt Tripathi Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard the learned counsel for the petitioner and the learned A.G.A., who appears for the State-respondents and Sri Ujjwal Mishra, Advocate, who has filed his power on behalf of respondents No.4 and 5 in Court today, which is taken on record. 2. This petition has been filed with the following main prayers :-
"i. To issue a writ, order or direction in the nature of certiorari thereby quashing the impugned First Information Report dated 02.01.2025 at 18.54 hours registered at F.I.R. No. 0005 of 2025, under sections-69 of BNS 2023 and sections-3/4 of D.P. Act, 1961, Police Station-Kotwali, District-Barabanki lodged by the opposite party no.4 against Mahendra Singh and another, so far it relates to petitioner as contained in Annexure No. 1 to this writ petition. ii. To issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to arrest or harass the petitioner in connection to the impugned First Information Report."
3. It is the case of the petitioner that the petitioner is innocent and has been falsely implicated by the respondent No.4, who had fixed the marriage of his sister, Santoshi with the petitioner. All rituals with
regard to the marriage were performed in August, 2024, but now the wedding was performed and it was also registered, but the respondent No.4, being annoyed for some reason, has lodged the impugned F.I.R. The photographs of the marriage solemnized between the petitioner and the respondent No.5, who is the alleged victim, has been filed as annexure No.5 to the petition. The respondent No.4 has also submitted an afÏdavit to the S.H.O., Police Station Kotwali, District Barabanki requesting that he does not wish to pursue his F.I.R. any further. 4. The counsel appearing for the respondents No.4 and 5 does not dispute this statement made by the counsel appearing for the petitioner. 5.
This petition is disposed of with liberty to the petitioner and the respondents No.4 and 5 to jointly approach the S.H.O., Police Station Kotwali, District Barabanki and file a compromise, if any, which has occurred between the parties duly attested by witnesses. The S.H.O. shall verify such compromise and take an appropriate decision and file his report before the court concerned within a period of one month from the date of copy of this order is produced before him alongwith the compromise. 6. For a period of one month or till an appropriate order is passed by the court concerned, the petitioner shall not be arrested in pursuance of the impugned F.I.R. (Ajai Kumar Srivastava-I, J.) (Sangeeta Chandra, J.) Order Date :- 28.1.2025/ cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench