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2026 Supreme(Online)(All) 97718

2026 AHC 157227
HIGH COURT OF JUDICATURE AT ALLAHABAD
Rajeev Misra, Ajay Kumar-II, J.
XXX - Petitioner
Versus
State Of U.P. And Others - Respondents
Criminal Misc.Writ Petition No.- 3339 of 2026
Decided On : 27-07-2026
Advocates Appeared :
For the Petitioner : Ashish Kumar Chaurasiya, S.M.Faraz I. Kazmi
For the Respondent : G.A., Kapil Tyagi

JUDGMENT :

1. Heard Mr. S.M.Faraz I. Kazmi, the learned counsel for petitioners, the learned A.G.A. for State-respondents 1, 2 & 3 and Mr. Kapil Tyagi, the learned counsel representing first informant-respondent-4.

2. Perused the record.

3. Petitioners- And 2 Others have approached this Court by means of present criminal misc. writ petition challenging the impugned FIR dated 17.01.2026 lodged by first informant-respondent-4 and registered as Case Crime No. 0018 of2026, under Sections 318(1), 115(2), 352, 308(6), 329(1), 324(4), 351(2), 221 of B.N.S., Police Station­ Knowledge Park Greater Noida, District-Gautambudh Nagar.

4. At the very outset, the learned counsel representing first informant respondent-4 pointed out that after completion of statutory investigation of aforementioned case crime number in terms of Chapter XIII of BNSS. Investigating Officer has already forwarded the charge sheet/police report in terms of Section 193(3) of BNSS. However, no cognizance has been taken upon same by the jurisdictional magistrate.

2. Perused the record.

3. Petitioners- And 2 Others have approached this Court by means of present Criminal Misc. Writ Petition challenging the impugned FIR dated I7.0I.20261odged by first informant-respondent- 4, and registered as Case Crime No. OOI8 of 2026, under Sections 3I8(I), 115(2), 352, 308(6), 329(I), 324(4), 35I(2), 22I BNS Police Station- Knowledge Park, Greater Noida, Gautambudh Nagar.

4. Learned counsel for petitioners in challenge to the impugned F.LR. submits that the impugned F.LR. is not only malicious but also an abuse of the process of Court. According to the learned counsel for petitioners, petitioner no.1 is the wife of first informant-respondent no. while petitioner is a Doctor by profession and is working as a Radiologist atBareilly and the first-informant respondent no. 4 is working on the post of Judicial Magistrate.

5. He therefore, submits that considering the status of the parties, there are every chances of the matter being settled amicably. He therefore, submits that that in view of the peculiar circumstances of the case, interest of justice shall better be served in case the matter is referred to Mediation.

6. It is also contended by the learned counsel for the petitioners that since the dispute between the parties is purely private and matrimonial in nature, therefore, there are every chances of the same being resolved amicably.

7. Per contra, the learned A.G.A. representing State/respondents I to 3 and Mr. Kapil Tyagi, the learned counsel representing first informant-respondent- 4 do not oppose the fair submissions urged the learned counsel for petitioners.

8. In view of above, matter is accordingly referred to Mediation and Conciliation Center, High Court Allahabad.

9. The parties shall appear before Mediation and Conciliation Center, High Court Allahabad on 25.04.2026. The Mediation and Conciliation Center, High Court Allahabad shall endevour to complete the mediation proceedings within a period of three months from today and thereafter submits its report.

10. Petitioners shall deposit a sum of Rs. 25,0001- with the Mediation and Conciliation Center. High Court Allahabad by means of a Bank Draft drawn

12. In case the first informantlrespondent-4 appears in the Mediation proceedings then a sum of Rs. 20,0001- out of the aforesaid deposit shall be paid to first informant/respondent-4. The balance amount shall be retained towards the cost of mediation.

13. The Mediation and Conciliation Center, High Court Allahabad shall make an endeavour to conclude the mediation proceedings within a period of three months from today and thereafter submits its report to this Court.

14. Notice on behalf of State/respondents I to 3 has been accepted by the learned A.G.A.

15. Mr. Kapil Tyagi, Advocate has put in appearance on behalf of first informant­- respondent- 4.

16. All the respondents may file their respective counter affidavits within six weeks. Petitioners will have two weeks thereafter to file their

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