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2025 DAILYLAW 38247 (ALL)

RAMAWADH SINGH AND 4 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/12180/2022 · 2025-03-18

Mahesh Chandra Tripathi, Prashant Kumar

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Judgment text

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Neutral Citation No. - 2025:AHC:39528-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 12180 of 2022 Petitioner :- Ramawadh Singh And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aditya Upadhyay,Gaurav Kakkar Counsel for Respondent :- Aradhana Singh,G.A.,Prabhakar Awasthi Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Sri Ratan Bhardwaj, Advocate holding brief of Sri Gaurav Kakkar, learned counsel for the petitioners and learned A.G.A. for the State-respondents. 2. The relief sought in this petition is for quashing FIR dated 05.08.2022 registered as Case Crime No.435 of 2022 u/s 419, 420, 467, 468, 471, 504, 506 409, 120-B IPC, P.S. Sarailakhansi, District-Mau. Further prayer has been made not to arrest the petitioners in the aforesaid case. 3. Learned counsel for the petitioners submitted that the petitioners have not committed any offence and they have been implicated due to malicious intention. He submits that the petitioners are innocent person s and allegations levelled against them is highly improbable and unbelievable, as such, the impugned FIR is liable to be quashed. 4. Learned A.G.A. while opposing the prayer for quashing of the FIR, which discloses cognizable offence, submitted that while entertaining the writ petition way back on 26.09.2022, the matter was referred to Mediation and Conciliation Centre of this Court on the instructions of learned counsel for the petitioners. 5. We have perused the report dated 10.02.2023 sent by Registrar, AHCMCC and find that the same has been submitted with an endorsement "Mediation Completed. No agreement." 6. Considering the aforesaid report, 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. 7. 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