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ALLAHABAD HIGH COURT
Ravindra Singh, Anil Kumar Agarwal, JJ.
Sheikh Shah Alam and Others -Appellant
Versus
State of U.P. and Others -Respondent
Criminal Misc. Writ Petition No. 4773 of 2013
Decided On : 21-03-2013
FIR Quashing - Criminal Law - The court refused to quash the FIR under sections 498-A, 323, 504, 506 IPC and section 3/4 D.P. Act, but allowed for mediation and directed that the petitioners shall not be arrested for 30 days if they approach the I.O. for mediation. The court also directed that if the petitioners apply for bail within 30 days, it shall be heard and disposed of by the courts below.
Fact of the Case:
The petitioners filed a petition to quash the FIR of case crime No. 43 of 2013 under various sections of IPC and D.P. Act.
Finding of the Court:
The court refused to quash the FIR but allowed for mediation and directed that the petitioners shall not be arrested for 30 days if they approach the I.O. for mediation. The court also directed that if the petitioners apply for bail within 30 days, it shall be heard and disposed of by the courts below.
Issues: Prayer to quash the FIR, mediation, and bail application.
Ratio Decidendi: The court found that prima facie cognizable offence is made out based on the allegations in the FIR, and therefore refused to quash the FIR. However, it allowed for mediation and directed that the petitioners shall not be arrested for 30 days if they approach the I.O. for mediation. The court also directed that if the petitioners apply for bail within 30 days, it shall be heard and disposed of by the courts below.
Final Decision: The petition is finally disposed of with the mentioned directions.
Hon'ble Anil Kumar Agarwal,J.
Heard learned counsel for the petitioners and learned A.G.A.
2. This petition has been filed by the petitioners with a prayer to quash the FIR of case crime No. 43 of 2013 under sections 498-A, 323, 504, 506 IPC and section 3/4 D.P. Act P.S. Manda, District Allahabad.
3. From the perusal of the FIR it appears that on the basis of allegation made therein the prima facie cognizable offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the FIR is refused.
4. However, considering the arguments made by learned counsel for the petitioners that both the parties are ready to settle the dispute through mediation, it is directed that in case the both the parties approach the I.O. within 30 days from today for settling the dispute through mediation, the I.O. shall proceed further so that the dispute may be settled through mediation. Till then the petitioners shall not be arrested in the above mentioned case crime. In case both the parties do not approach the I.O. within the aforesaid period, it shall be open for the I.O. to make arrest of the petitioners.
5. It is further directed that in case the petitioners appear before the court concerned within 30 days from today and apply for bail, the same shall be heard and disposed of by the courts below in view of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 which has been approved by the Hon'ble Apex Court in Lal Kamlendra Pratap Singh Versus State of U.P reported in 2009(4) S.C.C. 437.
6. With this direction, this petition is finally disposed of.
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