Ashish Kumar Jaiswal and Another v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 4937 of 2023 Petitioner :- Ashish Kumar Jaiswal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shyam Singh Sengar,Rajesh Kumar Nishad Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Rajesh Kumar Nishad, learned counsel for the petitioners and Shri Ratan Singh, learned A.G.A. for the State respondents.

¶2The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 25.11.2022, registered as Case Crime No. 1025 of 2022, under Sections 498A, 323, 354, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Chakeri, District Purvi Commissionerate, Kanpur Nagar and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

¶3On 31.03.2023 following order was passed :- "Heard learned counsel for the petitioners and learned AGA for the State. This writ petition has been filed seeking quashing of the first information report dated 25.11.2022 in Case Crime No. 1025 of 2022, under Sections 498-A, 323, 354, 504, 506 IPC & 3/4 D.P. Act, Police Station Chakeri, District Purvi Commissionerate Kanpur Nagar. It is contended that the first information report has been lodged on false allegations and if the matter is referred to the mediation centre, there are chances of reconciliation between the parties. In our view, the matter should be referred for mediation with the consent of the first informant failing which, such reference to the mediation Centre, Allahabad High Court would be a exercise in futility. Issue notice to the respondent no.4, first informant, so that the consent for referring the matter to the mediation can be obtained. List this case on the date succeeding the date fixed in the notice to be issued to the respondent no.4 along with a tracking report. "

¶4As per office report dated 12.05.2023 notices were issued to the respondent no.4 by registered post A.D. and as per tracking consignment item has been delivered but no one has put in appearance on behalf of the respondent no.4. We therefore, proceed to consider the matter on merits.

¶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. Order Date :- 15.12.2023 Nitendra High Court of Judicature at Allahabad