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2025 DAILYLAW 32609 (ALL)

SONU AND 4 OTHERS v. State of UP AND 3 OTHERS

CRLP/3525/2024 · 2025-03-18

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39588-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 3525 of 2024 Petitioner :- Sonu And 4 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Arvind Kumar,Chandra Bhushan Prasad,Firoz Ahmad Khan,Kiran Tiwari,Mahesh Chandra Tiwari Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. None appeared on behalf of the petitioners even in the revised reading of cause list to press this petition. Heard learned A.G.A. for the State-respondents. 2. The relief sought in this petition is for quashing FIR dated 04.01.2024 registered as Case Crime No.02 of 2024 u/s 498A, 323, 504, 354, 354(kha), 307, 313 IPC and Section 3/4 of D.P. Act, P.S. Chhatta, District-Agra. Further prayer has been made not to arrest the petitioners in the aforesaid case. 3. On perusal of record, it reflects that on the instructions of learned counsel for the petitioners, the matter was referred to Mediation and Conciliation Centre of this Court vide order dated 07.03.2024. In pursuance of said order, Registrar, AHCMCC has submitted report mentioning therein that the requisite amount has not been submitted and thus, the notices could not be issued to the parties. 4. Considering the aforesaid report, it is quite apparent that even the mediation proceedings between the parties could not commence due to fault of the petitioners. 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. 5. Therefore, the writ petition is dismissed. 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