Neutral Citation No. - 2025:AHC-LKO:49205-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7312 of 2025 Petitioner :- Rishabh Gupta And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Others Counsel for Petitioner :- Harshit Singh,Shweta Mishra Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard. 2. This Court has passed the order dated 11.08.2025, which reads as under: "1. Heard Ms. Pragya Praijat Singh, learned counsel for the petitioners, learned A.G.A. for the State respondent and perused the record. 2. Issue notice to the respondent No. 4. 3. Steps be taken within a week. 4. Office to proceed accordingly. 5. By means of this petition, the petitioners have assailed the impugned First Information Report registered as Case Crime No. 0173 of 2024, under Sections 85, 115(2), 352, 351 of BNS and Section 3 & 4 of the Dowry Prohibition Act, Police Station Alambagh, District Lucknow. 6. Learned counsel for the petitioners states that the impugned FIR is an outcome of matrimonial dispute between the parties and the same may be settled amicably through mediation, therefore the matter may be referred to the Mediation and Conciliation Centre of this Court. 7. It is a trite law that without seeking consent of the parties, the matter may not be sent to the Mediation Centre, therefore, on the next date the petitioner no. 1 and the opposite party no. 4 shall appear in person. 8. So as to show bonafide, the petitioner no. 1- Rishabh Gupta has offered that he will deposit a sum of Rs.50,000/- (Rs. Fifty Thousand) before the Court and if the Court deems fit any amount out of that amount may be given to the opposite party no. 4, if she agrees to settle the dispute amicably through Mediation and Conciliation Centre of this Court. 9. List the matter on 21.08.2025. 10. On the said date, the petitioner no. 1-Rishabh Gupta and opposite party no. 4 Smt. Jyotika Gupta shall appear in person before this Court. 9. On the next date, the petitioner shall produce a Demand Draft of Rs.50,000/- in the name of Smt. Jyotika Gupta. 11. The Station House Officer (S.H.O), Alambagh, Lucknow shall ensure the presence of opposite party no. 4 on the next date. 12. Learned A.G.A. shall intimate this order to the S.H.O. concerned telephonically/through e-mail/or by any other convenient mode for its compliance. 13. Till the next date of listing, no coercive steps shall be taken against the petitioner pursuant to the impugned F.I.R." 3. In compliance of the aforesaid order Sri Rishabh Gupta, petitioner No.1 and Smt. Jyotika Gupta, opposite party No.4 are present in person. 4. Sri Adnan Ahamd, learned counsel has put in appearance on behalf of the informant/opposite party No.4 by filing his Vakalatnama, same is taken on record. 5. Sub Inspector- Sri Aneesh Kumar, Police Station- Alambagh, Lucknow is also present in the Court, who has apprised that the date of order had been intimated to opposite party No.4- Smt. Jyotika Gupta, who has come to the Court along with her mother. 6. Sri Rishabh Gupta has shown a demand draft dated 13.08.2025 issued from the H.D.F.C. bank in the name of Jyotika Gupta to the tune of Rs.50,000/- (Fifty Thousand only). 7.At the very outset, Smt. Jyotika Gupta has stated that she is not interested to settle the dispute through mediation and conciliation centre therefore the aforesaid draft may be returned to Sri Rishabh Gupta. 8. Though, Sri Rishabh Gupta has requested that the matter may be settled through mediation and conciliation centre but on the request of one party, the matter may not be sent to the mediation and conciliation centre. Therefore, the aforesaid demand draft of Rs.50,000/- is returned to Sri Rishabh Gupta. 9. Smt. Jyotika Gupta has stated that she is willing to contest the criminal case wherein the chargesheet has been filed against the petitioners. 10. Sri G. S. Dwivedi, learned AGA has also intimated that the charge-sheet has been filed on 07.06.2025, under Sections 498- A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act. in the Court of A.C.J.M., IIIrd, Lucknow. 11. Notably, the chargesheet has been filed under those sections wherein the punishment is up to seven years. 12. The law is trite on the point that even if the chargesheet is filed, the accused persons may not be arrested only for the reason that chargesheet has been filed, unless the learned trial court has got any cogent and plausible reason to take those accused persons into judicial custody. The Hon'ble Apex Court in re: Aman Preet Singh vs. Central Bureau of Investigation; (2022) 13 Supreme Court Cases 764 and Siddharth vs. State of U.P. and another (2022) 1 SCC 676; has held the aforesaid proposition. 13. Since, the chargesheet has been filed therefore the prayers prayed in the writ petition have been rendered infructuous inasmuch as by means of this petition, the impugned FIR has been assailed. 14. It is needless to say that if summons have been issued by the learned trial court, the petitioners may appear before the learned trial court and may file appropriate application submitting undertaking that they are willing to cooperate in the trial proceeding in a same manner, they have cooperated in the investigation and any appropriate order may be passed by the learned trial court. 15. Since, the reliefs prayed in the writ petition have been rendered infructuous, therefore, the writ petition is consigned to the record. Order Date :- 21.8.2025 Reena/- (Syed Qamar Hasan Rizvi, J.) (Rajesh Singh Chauhan, J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench