Mohd Asif Akram and 6 Others v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 14074 of 2023 Petitioner :- Mohd Asif Akram And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ghazala Bano Quadri,Maseeh Uddin Counsel for Respondent :- G.A.,Kshitij Pal Singh Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Ms.Ghazala Bano Quadri, learned counsel for the petitioners, learned A.G.A. for State and Sri Kshitij Pal Singh, learned counsel for the informant.

¶2Vide order dated 19.09.2023 the matter was referred to Mediation Centre.

¶3As per Mediation Centre report dated 31.10.2023, mediation has completed but no agreement was reached, therefore, we proceed to hear this matter on merits.

¶4The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 13.7.2023 registered as Case Crime No. 73 of 2023, under Sections 498A, 504, 506, 507 IPC and Section 3/4 of D.P. Act, PS Manikpur, District Chitrakoot and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

¶5Although prayer for quashing of FIR has been made but without insisting on the same only submission is that all alleged offences are punishable with imprisonment upto seven years, therefore the police authorities are bound to follow the procedure laid down under Section 41-A Cr.P.C. The petitioners have been wrongly implicated and could not be arrested. Reliance has been placed on the judgement of Apex Court in Arnesh Kumar Vs. State of Bihar,

(2014) 8 SCC 273 and Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice and others in Writ Petition (Civil) No. 73 of 2015 with Criminal Appeal No. 1265 of 2017, Writ Petition (Criminal) No. 156 of 2017, Satendra Kumar Antil vs. Central Bureau of Investigation and Another, (2022) 10 SCC 51 and co-ordinate Division Bench of this Court in Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021 (2) ACR 1147.

¶6We have gone through the impugned first information report and without interfering in the same, we are of the opinion that the guidelines framed by the Apex Court in the above noted judgement are equally applicable to the facts of the instant case.

¶7Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above.

¶8As per usual practice, out of the amount of Rs. 20,000/- deposited in Mediation Centre, after retaining Rs. 5,000/- by the Mediation Centre, the balance amount of Rs. 15,000/- shall be released by Mediation Centre in favour of respondent no. 4-Sajida Farjana, in accordance with the procedure, preferably within a period of 15 days from the date of apply of the same before the Mediation Centre. Order Date :- 29.11.2023 P.Sri. High Court of Judicature at Allahabad