The court dismissed this criminal miscellaneous writ petition seeking quashing of an FIR in a matrimonial dispute. The mediation attempt failed due to the petitioners' failure to deposit required funds, depriving the proceeding of merit.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 7966 of 2019
Petitioner :- Nihal Ali And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Purushottam Pandey,Ramesh Kumar Counsel for Respondent :- G.A.,Deepak Singh Yadav
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Case called out in the revised list. None appears on behalf of either of the parties.Sri G.P.Singh, learned AGA for the State is present.
This writ petition has been filed by the petitioners with the prayer to quash the FIR dated 26.11.2018 which has been registered as Case Crime No.1710 of 2018, under Sections 498A, 323, 354, 377, 506 I.P.C. and 3/4 D.P.Act, P.S. Baradari, District Bareilly.
From a perusal of the record it appears that the matter being matrimonial in nature, was refereed to the Mediation and Conciliation Centre of this Court vide order dated 1.4.2019. The report of the Mediation and Conciliation Centre dated 16.7.2019 is on record, from which it is evident that the petitioners have not complied with the order dated 1.4.2019 by which they were required to deposit Rs.15,000/- towards the Mediation and Conciliation Centre for the mediation process, hence,the mediation has failed.
The present writ petition lacks merit and is, accordingly, dismissed.
Interim order, if any, stands vacated.
(Raj Beer Singh,J.) (Ramesh Sinha, J.)
Order Date :- 17.7.2019 NS
2 issues framed by the court
Whether the writ petition seeking quashing of the FIR should be allowed given the failure of mediation by the petitioners.
Whether the writ petition lacks merit.
Nihal Ali And 5 Others
State Of U.P. And 2 Others
Ramesh Sinha
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
