Hon’ble Rajiv Gupta, J.—Shashank Gupta S/o Virendra Gupta, R/o B-5, Ground Floor, Sector-33, Noida has filed this writ petition assailing the validity of order dated 14.8.2017 passed by Regional Passport Officer, Regional Passport Office, Ghaziabad intimating that Passport bearing No. K0144741 issued on 31.10.2011 is impounded under Section 10(3)(e) of the Indian Passport Act, 1967.

2. Brief facts of the case are that the petitioner is a Software Professional and has to be on tour of various countries in connection with his professional work. He had applied for a passport by means of an application and the concerned Department, after making requisite inquiry, issued Passport bearing No. K0144741 on 31.10.2011. The said Passport is valid up to 31.10.2021.

3. It is further submitted by learned counsel for the petitioner that in the year 2015, there arose dispute between the neighbour and the petitioner over a petty matter of throwing garbage, which resulted in heated arguments at the spur of the moment. However, an FIR was lodged against the petitioner alongwith two others (Sweta Gupta and Virendra Kumar Gupta). The Police, without making proper investigation of the case, in a most hurried manner, submitted the charge-sheet against the petitioner and his two other family members under Sections 452, 323, 506, 504, 324 IPC. The said charge-sheet was challenged before this Hon’ble Court by filing an application under Section 482 CrPC No. 27065 of 2016, Smt. Sweta Gupta and 2 others v. State of U.P. and another. This Court, after hearing the matter and being satisfied that the dispute is between the neighbours and there are fair chances of reconciliation between the parties, referred the matter for consideration by the Mediation Center of this Court and stayed the further proceedings vide order dated 17.9.2016.

4. Learned counsel for the petitioner has further submitted that the parties have arrived at a compromise and that they have amicably settled the dispute and do not want to further pursue the criminal proceedings, the compromise has been filed before this Court. The petitioner received an order dated 14th August, 2017 intimating the impounding of his Passport bearing No. K0144741 stating therein “It has been decided to impound the passport bearing Passport No. K0144741, issued on dated 31.10.2011 to Shri/Smt./Kumari Shashank Gupta S/o, D/o, W/o, C/o Virendra Nath Gupta under Section 10(3) (e), “Criminal case is pending before the Court” of the Passports Act, 1967.

5. You are, therefore, requested to submit the Passport to this passport office with immediate effect, if not already done. You may also prefer appeal before the Joint Secretary (PSP) & CPO < MEA < New Delhi within 30 days of issue of this notice in case not satisfied with the above decision.”

6. It is the aforesaid action of the Ministry of External Affairs, Regional Passport Office, Ghaziabad that has impelled the petitioner to be present before this Court by means of the present writ petition.

7. Heard Sri Ashish Kumar Dubey, learned counsel appearing for the petitioner, Sri Prakash Triapthi, learned Standing Counsel for Union of India/respondent Nos. 1 and 2 and perused the record.

8. Learned counsel for the petitioner has submitted that under Section 10(3)(e) of the Indian Passport Act, 1967, the Passport Authority has been conferred with the authority to impound/revoke a passport or travel document but mere pendency of criminal case against the holder of a passport would not automatically confer absolute authority to impound his passport and in such a situation, the Passport Authority is obligated to decide while exercising his discretion as to whether pendency of such criminal case warrants impounding of the passport or not in the facts of the present case.

9. Learned counsel for the petitioner has further submitted that the Authority has exercised its discretion in a most mechanical manner without objectively ascertaining the fact that whatever dis