This petition challenged the quashing of an FIR. The High Court dismissed the petition because mediation failed and the FIR revealed ingredients of a cognizable offence.
Writ petition dismissed; interim order vacated.
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Neutral Citation No. - 2023:AHC:109775-DB
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 17986 of 2022
Petitioner :- Abhishek Sharma @ Abhishek Kumar Sharma And 6 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ranjit Kumar Yadav Counsel for Respondent :- G.A.,Anup Kumar Khare
Hon'ble Anjani Kumar Mishra,J. Hon'ble Ms. Nand Prabha Shukla,J.
This matter has been called out on a mention made out of turn made by counsel for the respondent, although he has failed to appear nn the matter being called out. We have perused the order-sheet. This matter had been referred for mediation on 25.11.2022.
The report of the Mediation Centre indicates that no settlement was arrived, although mediation was resorted to on five dates.
Since mediation has failed and on a perusal of the first information report we find that it contains ingredients of a cognizable offences, the first information report cannot be quashed.
The writ petition is, therefore, dismissed.
Interim order, if any, stands vacated.
Order Date :- 18.5.2023 Priyanka
Digitally signed by :- PRIYANKA KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the First Information Report can be quashed after failure of mediation.
Whether the FIR contains ingredients of a cognizable offence.
Abhishek Sharma @ Abhishek Kumar Sharma And 6 Others
State Of U P And 3 Others
Anjani Kumar Mishra
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
