Disposed

Barkat Ali and 6 Ors. v. State of U.P. and 2 Ors.

Allahabad HC27 Mar 2018CRLP/15295/2017

Case brief

AI extract

What is this about?

In a Criminal Misc. Writ Petition filed to quash an FIR under matrimonial criminal sections, the Court, noting failure of mediation and pending investigation, stayed the arrest of the petitioners and directed the SSP to complete the investigation expeditiously within six weeks.

What did the court decide?

Stay on arrest of petitioners until submission of police report under Section 173(2) Cr.P.C., with direction to SSP to complete investigation within six weeks.

Barkat Ali and 6 Ors. Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2018)

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Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 15295 of 2017

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Petitioner :- Barkat Ali And 6 Ors. Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Rajesh Kumar Mishra Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.

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Heard Sri Rajesh Kumar Mishra, learned counsel for the petitioners, Sri Ashish Pandey, learned A. G. A. for the State and perused the impugned F.I.R. as well as material brought on record.

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This writ petition has been filed by the petitioners with the prayer to quash the F. I. R. dated 17.06.2017 which has been registered as Case Crime No. 487 of 2017, under sections 498-A, 323, 377 I.P.C. & 3/4 D.P. Act, police station Swar, District Rampur.

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It appears that the matter being matrimonial in nature, was referred to the Mediation and Conciliation Centre of this Court vide order dated 08.08.2017. The report of the Mediation and Conciliation Centre dated 21.03.2018 is on record. The mediation proceedings dated 04.10.2017, 25.10.2017, 22.11.2017, 13.12.2017, 24.01.2018, 21.02.2018, 07.03.2018 and 21.03.2018 were conducted but no agreement took place between the parties, hence mediation failed.

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From the perusal of the interim order dated 08.08.2017 passed by this Court it appears that this Court had stayed the arrest of the petitioners till submission of police report under Section 173 (2) Cr.P.C. and since the investigation has not been completed till date , we dispose of this writ petition with the direction that the petitioners shall not be arrested till submission of police report under Section 173 (2) Cr. P. C.

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The petitioners shall file a certified copy of this order within two weeks' from today before the SSP concerned, who shall look into the matter and ensure that the investigation in the above mentioned case is completed expeditiously preferably within six weeks from the date of production of certified copy of this order.

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With the aforesaid direction, this petition is finally disposed of.

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Learned AGA shall communicate this order to the concerned authorities concerned.

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(Krishna Pratap Singh,J.) (Ramesh Sinha,J.)

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Order Date :- 27.3.2018/A.K.Verma

Barkat Ali and 6 Ors. v. State of U.P. and 2 Ors.

Case brief

What is this about?

What did the court decide?

Barkat Ali and 6 Ors. v. State of U.P. and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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