Vipin Dixit v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 7947 of 2023 Petitioner :- Vipin Dixit Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko And Others Counsel for Petitioner :- Mohd. Aslam Khan,Atiya Abid,Vinay Kumar Verma Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents.

¶2This petition has been filed with the following main prayer:-

(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report registered in F.I.R. No. 0259 of 2023 Under Section 504 IPC and section 67 of Information Technology Act, at Police Station Kamlapur, District Sitapur, as contained in Annexure No.1 to this writ petition so far it relates to the petitioner.

(ii) issue a writ, order or direction in the nature of Mandamus directing the opposite parties not to arrest the Petitioner in F.I.R. No.0259 of 2023 Under Section 504 IPC and section 67 of Information Technology Act, at Police Station Kamlapur, District Sitapur, as contained in Annexure No. 1 to this Writ petition.

¶3It has been submitted by learned counsel for the petitioner that the opposite party No.4-Smt. Anita Dixit, is annoyed with the petitioner only because he has married one Aditi Tiwari. The dispute is matrimonial in nature and can be settled through mediation.

¶4This Court finds from perusal of the F.I.R. that a cognizable offence is made out therefore, this Court finds no good grounds to show interference therefore, the petition is dismissed. Order Date :- 12.10.2023 Saurabh Yadav/- High Court of Judicature at Allahabad, Lucknow Bench