PRAVEEN KUMAR AND 9 OTHERS v. State of UP AND 3 OTHERS
CRLP/2811/2024 · 2025-03-18
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27829 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27829 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:39658-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 2811 of 2024 Petitioner :- Praveen Kumar And 9 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ajeet Srivastava Counsel for Respondent :- G.A.,Satish Chandra Sinha Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. None appeared to press the petition on behalf of the petitioners even in the revised reading of cause list. Heard learned A.G.A. for the State-respondents. 2. The relief sought in this petition is for quashing FIR dated 07.02.2024 registered as Case Crime No.52 of 2024 u/s 498-A, 323, 504, 506, 313 IPC and Section 3/4 D.P. Act, P.S. Kotwali, District-Ghazipur. Further prayer has been made not to arrest the petitioners in the aforesaid case. 3. On perusal of the record it reflects that while entertaining the petition, the matter was referred to the Mediation and Conciliation Centre of this Court vide order dated 26.02.2024 on the instructions of learned counsel for the petitioners.3. In pursuance of said order, Registrar, AHCMCC has submitted report dated 03.08.2024 with an endorsement "Mediation completed. No agreement."
4. Learned A.G.A. has opposed the prayer for quashing of the FIR, which discloses cognizable offence. However, he submitted that at this stage he is not in a position to apprise the Court whether police report (charge sheet or final report) has been submitted or not. 5. Considering the aforesaid report of AHCMCC, it is quite apparent that mutual settlement between the parties is not possible. We have perused the impugned FIR and prima facie, we find that there is commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262 of 2021 (Leelavati Devi @ Leelawati
and another vs. State of U.P.) decided on 07.10.2021, no case has been made out for interference with the impugned FIR and the present writ petition sans merit. 6. Therefore, the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. Interim order, if any, stands vacated.
Order Date :- 19.3.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad