HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10792 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State- respondents and Sri P.R.S. Bajpai, learned counsel for the opposite party no. 4. 2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No. 0347 of 2025, under Sections 126(2), 127(2), 352 & 351(3) of B.N.S., 2023, Police Station- Aashiyana, District- Lucknow. 3. Learned counsel for the petitioner states that the matter could be sent to the Mediation Centre of this Court in order to settle the dispute amicably amongst the parties as the same arises from a matrimonial dispute. 4. Learned counsel for the opposite party no. 4, on the instructions given by opposite party no. 4, who is present in Court, states that she does not want to go for mediation proceedings. 5. Learned counsel for the petitioner has submitted that the offences as alleged in FIR carry maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandate of Bhartiya Nagrik Suraksha Sanhita. 6. Learned A.G.A. appearing for respondents-State has given a statement on behalf of investigating agency that because the offence allegedly Versus Counsel for Petitioner(s) : Anubhav Tripathi, Manish Pandey Counsel for Respondent(s) : G.A. Nityanand Das .....Petitioner(s) State Of U.P. Thru Its Secretary Deptt Of Home And 3 Others .....Respondent(s) committed by the petitioner, entails sentence of less than seven years, provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgments rendered by Hon'ble Supreme Court in re; Arnesh Kumar vs. State of Bihar and another - (2014) 8 SCC 273 and Satender Kumar Antil vs. CBI and another- (2022) 10 SCC 51. 7. Considering the stand of the investigating agency, learned counsel for the petitioner states that his petition be disposed of in view of the above said facts. 8. Accordingly, this petition is disposed of in view of the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 and the law as laid down by the Apex Court in re; Arnesh Kumar (supra) and Satender Kumar Antil (supra). 9. However, it is directed that the petitioner shall appear before the Investigating Officer of the concerned police station whenever he is required to cooperate in the investigation. Thereafter, he shall continue to cooperate in the investigation till its completion, failing which, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant. November 18, 2025 AKK CRLP No. 10792 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench