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2025 DAILYLAW 128053 (ALL)

ABHISHEK TEWARI AND OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO AND OTHERS

CRLP/2109/2025 · 2025-09-22

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 2109 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the parties and perused the record. 2. By means of the present petition, the petitioners have prayed for quashing of the First Information Report dated 23.01.2025 bearing FIR/Case Crime No.0054 of 2025, under Sections 498-A, 323, 506, 354 IPC and Section 3/4 D.P. Act, Police Station Madiyaon, District Lucknow. 3. This Court vide order dated 19.03.2025 directed the parties to appear before the Mediation & Conciliation Centre of this Court for settlement of their dispute through mediation. 4. In compliance of the aforesaid order, the parties appeared before the Mediation & Conciliation Centre of this Court and the Mediators have submitted its report dated 02.07.2025 with remarks "Mediation completed. No agreement." The said report is taken on record. 5. Be that as it may, since the investigation is going on in the matter and the offences under which the FIR has been lodged are having cognizable offences, however, the punishment under which is upto seven years, therefore, the petitioners are entitled for the benefit of dictum of Hon'ble Apex Court in the case of Satender Kumar Antil vs. CBI and another, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51. 6. In view of the aforesaid terms, the present writ petition is disposed of finally. Versus Counsel for Petitioner(s) : Rahul Mishra Counsel for Respondent(s) : G.A., Pradeep Kumar Tripathi, Shiva Nand Pandey Abhishek Tewari And Others .....Petitioner(s) State Of U.P. Thru. Secy. Home Lko And Others .....Respondent(s) 7. Interim order, if any, stands vacated. 8. Consigned to the records. September 22, 2025 Arun CRLP No. 2109 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench