FARIUDDIN ALIAS FAREED AND 9 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/19440/2023 · 2025-03-17
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 64906 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 64906 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:38759-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 19440 of 2023 Petitioner :- Fariuddin Alias Fareed And 9 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aditi Srivastava,Azhar Hussain,Byas Kumar Prasad,Kandarp Srivastava Counsel for Respondent :- Komal Mehrotra Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioners, learned A.G.A. for the State and Shri Rahul Kumar holding brief of Shri Komal Mehrotra, learned counsel for the informant. 2. This writ petition has been filed with the prayer to quash the First Information Report dated 11.11.2023 in Case Crime No.0067 of 2023, under Sections 420, 467, 468, 471 & 120-B I.P.C., Police Station- Kotwali, District Agra. 3. Learned counsel for the informant informs that as counsel for the parties agreed that there are chances of reconciliation between the parties and the matter should be referred to the Mediation Centre, the matter was referred to the Mediation Centre of this Court. For ready reference, the order dated 18.12.2023 is reproduced below:
"1. Heard learned counsel for the petitioners, learned counsel for the first informant and learned AGA for the State. 2. This writ petition has been filed seeking quashing of the First Information Report dated 11.11.2023 in Case Crime No.0067 of 2023, under Sections 420, 467, 468, 471 & 120-B I.P.C., Police Station- Kotwali, District Agra. 3. Counsel for the parties agree that there are chances of reconciliation between the parties and the matter should be referred to the Mediation Centre. 4. In view of the submissions made and on the petitioner's depositing a sum of Rs. 30,000/- through bank draft drawn in favour of the RG A/c AHCMCC within a period of 10 days from today, the Mediation Centre shall send notice to the respondent no. 4 fixing a date for mediation. It is also observed that attempt shall be made to conclude mediation expeditiously preferably within a period of three months. 5. List this case before appropriate Bench after three months. 6. Till then, no coercive action shall be taken against the petitioners. 7. In case the amount is not deposited within the time specified above, the matter shall immediately be sent back to this Court. 8. From the amount of Rs. 30,000/- deposited, a sum of Rs.
5,000/- may be accumulated by the Mediation Centre for whatever purpose and remaining amount of Rs. 25,000/- shall be handed over to the opposite party no.4 on the conclusion of the mediation proceedings."
4. As per the report of the Registrar (Mediation Centre)/In-Charge, AHCMCC dated 29.02.2024, the requisite amount of Rs.30,000/- has not been deposited with the Mediation Centre of this Court. Learned counsel for the informant states that on the one hand, the petitioners have obtained an interim order, and on the other hand, the aforesaid order dated 18.12.2023 has not been complied with. 5. Accordingly, as a cognizable offence is made out, the interim order dated 18.12.2023 stands vacated. The concerned Investigating Officer is at liberty to proceed in accordance with the law. 6. The writ petition is dismissed with the aforesaid observations. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 18.3.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad