GAURAV SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO AND OTHERS
CRLP/9833/2024 · 2025-01-06
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[ 2025 DAILYLAW 170738 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170738 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:727-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9833 of 2024 Petitioner :- Gaurav Srivastava Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko And Others Counsel for Petitioner :- Ram Karan Yadav Counsel for Respondent :- G.A. AND Case :- CRIMINAL MISC. WRIT PETITION No. - 9601 of 2024 Petitioner :- Anup Kumar Srivastava And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Ram Karan Yadav Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for the petitioners, learned A.G.A. for the State and Smt. Manisha Srivastava, Advocate, who has filed her Power today in both the writ petitions on behalf of opposite party no.4, which is taken on record.
2. These petitions seek issuance of a writ in the nature of certiorari quashing First Information Report dated 11.10.2024 bearing F.I.R./Case Crime No.627 of 2024, under Sections 498A, 323, 506, 377 I.P.C. and Sections 3/4 of Dowry Prohibition Act, at Police Station-Madiyaon, District-Lucknow.
3. Though an assurance was given to this Court on 19.12.2024 that husband wants to settle the matter through mediation and it was stated that he would pay an amount of Rs.1,00,000/- to the wife for mediation purposes and on the said ground, petitioners had obtained an interim order from this Court, but today, when the wife appeared before the Court, learned counsel for the petitioners submits that petitioner (husband) is not ready and willing to pay any amount to the wife and is also not ready for mediation.
4. Since the petitioner (husband) himself has withdrawn his prayer for mediation, there is no question of sending the matter for mediation.
5. Learned counsel for the petitioners submits that the dispute is a family dispute in which false allegations are made in the F.I.R.
6. We do not find any force in the submission of learned counsel for the petitioners. From a perusal of the F.I.R., a cognizable offence is made out against the petitioners. In the given facts and circumstances, we do not find any reason to interfere in the matter. The evidence being referred to, by
learned counsel for the petitioners is not conclusive, so as to quash the F.I.R. as the same is subject to verification by the appropriate authority.
7. Accordingly, the writ petitions are dismissed.
8. Interim order, if any, stands discharged. . [Om Prakash Shukla,J.] [Vivek Chaudhary,J.]
Order Date :- 6.1.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench