Utkarsh Mishra v. State of U.P. Thru. Prin. Secy. Home, Lucknow and Others

Allahabad HC24 May 2024CRLP/3658/2024

Case brief

AI extract

What is this about?

The Court stayed arrest pending verification of a compromise affidavit in an FIR under IPC 376, 313, 504 and IT Act Sec. 67 regarding a live-in relationship dispute. The parties agreed to marry. The settlement of dispute is a ground for monitoring rather than immediate quashing in this interim order.

What did the court decide?

Stay of arrest until verification of compromise; case listed for further orders.

Utkarsh Mishra vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3658 of 2024

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Petitioner :- Utkarsh Mishra

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Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And Others

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Counsel for Petitioner :- Dheeraj Awasthi,Mayank Dwivedi Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.

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Sri Akash Dikshit, Advocate has put in appearance on behalf of the informant/opposite party No.4 by filing Vakalatnama alongwith short counter affidavit, which are taken on record.

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Heard learned counsel for the parties and perused the record.

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This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of certiorari for quashing the First Information Report dated 22.04.2024 bearing Case Crime No.0206 of 2024, under Sections 376, 313, 504 IPC and Section 67 of Information Technology Act, Police Station- Para, District - Lucknow.

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Learned counsel for the petitioner submits that petitioner and opposite party No.4 are known to each other and are in live-inrelationship since 2021. However, on a minor dispute the impugned FIR has been lodged by opposite party No.4. The dispute between the parties is personal in nature. Now the petitioners and opposite party No.4/informant have amicably settled their dispute by way a written compromise on 23.05.2024 and are ready to marry each other. The original written compromise dated 23.05.2024 between the parties is annexed as part of Annexure No.1 to the short counter affidavit.

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Learned counsel for opposite party No.4 did not dispute the submission of counsel for the petitioner rather he supported the submission of the petitioner's counsel that the dispute between the parties has been resolved by way of a written compromise.

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Let the petitioner and opposite party No.4 appear before the Senior Registrar of this Court on 01.06.2024 for verification of the compromise.

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List this case on 05.06.2024 showing the name of Sri Akash Dikshit, Advocate as counsel for respondent in the cause list , when the case is next listed.

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Learned Senior Registrar to submit his report.

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In view of the aforesaid development, it is provided that till the next date of listing, the petitioner shall not be arrested in pursuance of the impugned First Information Report dated 22.04.2024 bearing Case Crime No.0206 of 2024, under Sections 376, 313, 504 IPC and Section 67 of Information Technology Act, Police Station- Para, District - Lucknow.

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(Narendra Kumar Johari,J.) (Vivek Chaudhary,J.)

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Order Date :- 24.5.2024 Reena/-

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Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

Utkarsh Mishra v. State of U.P. Thru. Prin. Secy. Home, Lucknow and Others

Case brief

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Utkarsh Mishra v. State of U.P. Thru. Prin. Secy. Home, Lucknow and Others

Case brief

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