Neutral Citation No. - 2025:AHC:124079-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 1798 of 2025 Petitioner :- Tanuj Kumar @ Tanuj Chauhan And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dr. Kamlesh Kumar,Rakesh Kumar Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Sandeep Jain,J. 1. Heard learned counsel for the petitioners, learned AGA for the State-respondents and Sri Jay Raj, learned counsel for the informant. 2. This writ petition has been filed to quash the First Information Report dated 21.12.2024, registered as Case Crime No. 0466 of 2024, under Sections 318(4), 319(2) & 82 of the B.N.S., Police Station- Kanth, District Moradabad. 3. Petitioners were directed to settle the matter in the Mediation Center. For that purpose Rs.35,000/- is directed to be deposited. However, it has been reported that the money as required has not been deposited. 4. In view of the above, interim order, granted earlier, stands vacated. 5. This order has been passed in the presence of Sri Jay Raj, learned counsel for the informant. When the case is listed next, his name be shown as counsel for the informant. 6. Although, the prayer made in this writ petition is to quash the First Information Report as noted above, but at the time when the matter is taken up learned counsel for the petitioners confines his relief to grant of protection under section 35 of Bharatiya Nagarik Suraksha Sanhita, 2023. 7. We have perused the the First Information Report, which prima facie discloses commissioning of cognizable offence and, therefore, the prayer made to quash F.I.R. otherwise cannot be entertained in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315. 8. We are of the view that no interference is warranted. 9. However, considering the fact that all offences mentioned in the present case are punishable with a term up to 7 years, the authorities are directed to ensure the procedure of arrest as per the guidelines of the Supreme Court enshrined in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273. 10. It is expected of the police not to harass the petitioners till the decision of the investigation in any manner whatsoever. However, the petitioners shall co-operate in the investigation. 11. The writ petition, accordingly, is disposed of. Order Date :- 28.7.2025 Anurag* Digitally signed by :- ANURAG JAISWAL High Court of Judicature at Allahabad