Disposed

Dr. Vandana Singh and Others v. State of U.P. Thru. Secy. Home Lko and Others

Allahabad HC1 Aug 2024CRLP/5312/2024

Case brief

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What is this about?

Court directed parties to appear for mediation regarding a criminal matter based on a late FIR in a matrimonial dispute involving Section 498-A IPC. Petitioners granted anticipatory protection against arrest pending investigation.

What did the court decide?

Petitioners directed to appear for mediation on 20.08.2024; stay on arrest granted; investigation permitted to continue.

Dr. Vandana Singh and Others vs… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 2

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5312 of 2024

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Petitioner :- Dr. Vandana Singh And Others Respondent :- State Of U.P. Thru. Secy. Home Lko And Others Counsel for Petitioner :- Raj Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.

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1. Shri Brijesh Kumar Singh, learned Advocate has filed his vakalatnama on behalf of the opposite party no. 4. The same is taken on record.

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2. Heard Shri Raj Kumar Singh, learned counsel for the petitioners, learned A.G.A. for the State and Shri Brijesh Kumar Singh, learned counsel for the opposite party no. 4.

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3. The petitioners seek issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No. 0204 of 2024, under Sections 498-A, 323, 504, 506 IPC, Police Station- Ashiyana, District- Lucknow.

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4. The daughter-in-law of the petitioner no. 2 has lodged the impugned F.I.R. 31 years after marriage alleging offence punishable under Sections 498-A, 323, 504, 506 IPC. Although, all the offences carry a sentence of less than seven years considering the genesis of the F.I.R. which appears to be a matrimonial dispute and the petitioners herein are 'nanad', sister-in-law and mother-in-law and as the learned counsel for the opposite party no. 4 himself offered for mediation between the parties, we are of the opinion that this is a case which should be referred for mediation.

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5. Let the petitioners as also husband who is not arrayed herein, namely, Manoj Kumar Singh and opposite party no. 4 appear before the Mediator at the Mediation Center of this Court at Lucknow on 20.08.2024 whereupon the Mediator shall undertake mediation proceedings and submit the report before this Court.

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6. The matter shall come up before the Court after two months.

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7. Till the next date of listing, the petitioners shall not be arrested in Case Crime No. 0204 of 2024, under Sections 498A, 323, 504, 506 IPC, Police Station- Ashiyana, DistrictLucknow.

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8. The investigation shall go on.

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9. The petitioners shall, however, cooperate in the investigation.

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(Om Prakash Shukla,J.) (Rajan Roy,J.)

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Order Date :- 1.8.2024 R.K.P.

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Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench

Dr. Vandana Singh and Others v. State of U.P. Thru. Secy. Home Lko and Others

Case brief

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Dr. Vandana Singh and Others v. State of U.P. Thru. Secy. Home Lko and Others

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