Neutral Citation No. - 2025:AHC:80043-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1650 of 2025 Petitioner :- Amir Akabar Respondent :- State of U.P. and 2 Others Counsel for Petitioner :- Satyendra Singh,Sushil Kumar Yadav Counsel for Respondent :- Anoop Kumar Singh,G.A.,Gaurav Kumar Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the parties. 2. The instant writ petition is preferred under Article 226 of Constitution of India for quashing the impugned FIR dated 24.12.2024 registered as Case Crime No. 0348 of 2024 under Sections 376, 506 IPC, Police Station Nautanwa, District Maharajganj against the petitioner only and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR. 3. Learned counsel for the petitioner vehemently contended that the petitioner is brother-in-law (Nandoi) of the informant (victim). He submits that admittedly, there was matrimonial dispute and moreover on the same set of facts, earlier the FIR was lodged on 08.07.2024, which was registered as Case Crime No.0031 of 2024. On merits, he submits that being as brother-in-law he tried to mediate the parties and had never indulged in any criminal act. The allegation in the FIR is frivolous and vexatious and the impugned FIR is liable to be quashed. 4. Per contra, learned A.G.A. has resisted the relief and states that initially, an interim order was accorded on 27.01.2025 to the extent that meanwhile, the petitioner shall not be arrested till submission of police report under Section 173(2) Cr.PC, or till the next date of listing, whichever is earlier. He submits that during the investigation, the complicity of the petitioner had been found and the police report was submitted. The police report and the summoning order are subject matter of challenge in proceeding under Section 528 BNSS No.8647 of 2025 (Amir Akbar and Another Vs. State of U.P. and another) and as such, no cause of action survives in the instant matter as separate and independent proceeding has already been initiated by the petitioner and other co-accused. 5. In the aforementioned facts and circumstances, we leave it open to the petitioner to press appropriate relief in on-going proceeding under Section 528 BNSS No.8647 of 2025. 6. With the aforesaid observations, the instant writ petition is consigned to record. . (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 9.5.2025/Mukesh Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad