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2026 DAILYLAW 14284 (ALL)

FAZEEL AHMAD AND 6 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/6420/2025 · 2026-10-08

Ajay Kumar Ii, Rajeev Misra

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 6420 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE DR. AJAY KUMAR-II, J. 1. Case called out in revised list. 2. Even though the name of Mr. Kuldeep Singh is duly published in cause list as counsel for petitioners but neither he nor anyone on his behalf is present to press the present writ petition. Learned AGA representing State-respondents 1 and 2 is present. 3. Though the name of Mr. Diwas Verma is duly published in the cause list as counsel for first informant/ respondent 3 but neither he nor anyone on his behalf is present to oppose the present writ petition. 4. Present writ petition came up for admission on 08.04.2025 and this Court passed the following order " 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. This writ petition has been filed with the prayer to quash the First Information Report dated 01.02.2025 registered as Case Crime No.0050/2025 under sections 85, 74, 115 (2), 352 B.N.S. and section 3/4 of D.P. Act at police station Naubasta, District Kanpur Nagar and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. It is stated that petitioners have been falsely implicated in the First Information Report and there is a genuine matrimonial issue in respect of which mediation ought to be tried first before proceeding with criminal investigation as it has the potential of disturbing the marital life for all times to come. Submission is that the matter be referred to Mediation Centre of this Court. Versus Counsel for Petitioner(s) : Kuldeep Singh Counsel for Respondent(s) : Diwas Verma, G.A. Fazeel Ahmad And 6 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 4. In the facts of the present case, we are of the view that an attempt be made to resolve the differences between the parties by way of mediation. It is, therefore, directed that petitioners shall deposit a sum of Rs. 35,000/- within three weeks from today with the Mediation Centre out of which Rs.30,000/- shall be paid to the wife of petitioner no.1 for appearance before the Mediation Centre. The remaining amount shall go to mediation centre towards the expenses of mediation. 5. The matter is remitted to the Mediation Centre with the direction that same may be resolved after giving notices to both the parties. 6. It is directed that Mediation Centre shall make all endeavours to resolve the dispute amicably, expeditiously, preferably within a period of three months. 7. List after three months. 8. Till the next date of listing, no coercive action shall be taken against the petitioners pursuant to the aforesaid First Information Report. 9. It is made clear that in case there occurs default by the petitioners either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter. Order Date :- 8.4.2025 " 5. Office has submitted a report dated 18.11.2025 stating therein that the report of Mediation and Conciliation Centre, High Court, Allahabad, is kept on record. As per the report dated 30.05.2025, submitted by Mediation and Conciliation Centre, High Court, Allahabad, it is evident that petitioners have not complied with the directions contained in order dated 08.04.2025. 6. Since petitioners have failed to comply with the interim order passed by this Court, therefore, present writ petition shall stand dismissed. 7. Interim order, if any, shall stand vacated. October 9, 2026 YK CRLP No. 6420 of 2025 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad