HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 6298 of 2024 Court No. - 30 HON'BLE RAJIV GUPTA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. The instant writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 22.05.2024 lodged by the opposite party No.3 giving rise to Case Crime /FIR No. 0180/2024, under Section 409 I.P.C., Police Station Vibhuti Khand, District Lucknow. 3. Learned counsel for the petitioners has submitted that in the instant case, the matter was referred by co-ordinate Bench of this Court vide order dated 30.08.2024 to the Mediation and Conciliation Centre of this Court in order to enable the parties to explore the possibilities of settling the dispute through mediation, however, the mediation has already failed. 4. Learned counsel for the petitioners has next submitted that the petitioners are wholly innocent and have been falsely implicated in the present case due to ulterior motive 5. Learned counsel for the petitioners has next submitted that from the allegations made in the first information report, prima facie no Versus Counsel for Petitioner(s) : Vivek Kumar Pandey, Abhaya Kumar Yadav, Ripu Daman Shahi Counsel for Respondent(s) : G.A., Amit Jaiswal Ojus Law, Harsh Vardhan Kediya, Nadeem Murtaza Bhavya Corporate Tower Vibhuti Khand Thru. Director Ambrish Tiwari And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko And Others .....Respondent(s) offence, complained of, is disclosed against the petitioners and as such, the impugned first information report is liable to be quashed. 6. Per contra, learned AGA for the State has vehemently opposed the said prayer and has submitted that from the allegations made in the first information report, prima facie offence is clearly disclosed against the petitioners, therefore, the impugned first information report can not be quashed in view of law laid down by the Hon'ble Apex Court in the cases of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779, Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and in a recent decision of the Hon'ble Apex Court in Criminal Appeal No. 843 of 2024, Directorate Enforcement Vs. Niraj Tyagi and others. 7. Having considered the rival submissions made by learned counsel for the parties and taking into consideration the fact that the allegations made in the first information report and the fact that impugned first information report discloses cognizable offence against the petitioners, we are of the opinion that the impugned first information report can not be quashed, therefore, the prayer for quashing the impugned first information report is refused. 8. However in case, the petitioners file application for anticipatory/regular bail before the appropriate court, their bail application shall be considered and disposed of as expeditiously as possible in accordance with law. 9. With the aforesaid observations, the instant writ petition is finally disposed of. November 20, 2025 Arvind CRLP No. 6298 of 2024 2 (Pramod Kumar Srivastava,J.) (Rajiv Gupta,J.) Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench