Disposed

Akash Baiswar and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC3 Oct 2024CRLP/7488/2024

Case brief

AI extract

What is this about?

Court directed parties to Mediation Centre with ₹5000 bond and remitted to mediation report. Granted interim non-arrest to petitioners during investigation with cooperation condition for appearing as required.

What did the court decide?

Interim non-arrest allowed subject to cooperation; parties remitted to Mediation Centre with bond deposit.

Akash Baiswar and Others vs State of U.P. Thru… — Matrimonial and Divorce | Allahabad HC (2024)

¶1

Court No. - 1

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 7488 of 2024

¶3

Petitioner :- Akash Baiswar And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Deo Raj Singh,Rajesh Kumar Anand

¶4

Counsel for Respondent :- G.A.

¶5

Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J.

¶6

1. Shri Saksham Agarwal, Advocate has filed Vakalatnama on behalf of respondent no.4, which is taken on record.

¶7

2. Heard learned counsel for the petitioners, learned A.G.A. for the State and learned counsel for the respondent no.4.

¶8

3. The instant writ petition has been filed by the petitioners with the following main reliefs :

¶9

"(i) Issue a writ, order or direction in the nature of certiorari for quashing the impugned First Information Report so far as it relates with the petitioners vide F.I.R. No.0380 of 2024 registered at Police Station Gudamba, District Luknow on 20.09.2024 under Section 85, 115(2), 352, 351(2) of B.N.S., 2023 and Section 3/4 D. P. Act.

¶10

(ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties particularly opposite party nos.2 and 3 not to arrest and harass the petitioners in pursuance of the impugned F.I.R. No.0380 of 2024 registered at Police Station Gudamba, District Luknow on 20.09.2024 under Section 85, 115(2), 352, 351(2) of B.N.S., 2023 and Section 3/4 D. P. Act."

¶11

4. The petitioners as well as respondent no.4 have expressed an inclination to settle the matrimonial dispute amicably through mediation before the Mediation and Conciliation Centre of this Court.

¶12

5. The petitioner no.1 in order to show his bona fides for entering into an amicable settlement has volunteered to deposit a sum of Rs.10,000/- before the Mediation and Conciliation Centre of this Court. Out of the aforesaid amount, Rs.5,000/- shall be released in favour of the respondent no.4. The parties shall appear before the Mediation and Conciliation Centre of this Court on 24.10.2024. The Mediation and Conciliation Centre of this Court shall submit a report upon arriving at a settlement between the parties at the earliest.

¶13

6. List along with the mediation report.

¶14

7. Till the next date of listing, petitioners No.1 to 3, namely, Akash Baiswar, Neelam Baiswar and Arun Kumar Verma shall not be arrested in furtherance of the impugned F.I.R. No.0380 of 2024 registered at Police Station Gudamba, District Luknow on 20.09.2024 under Section 85, 115(2), 352, 351(2) of B.N.S., 2023 and Section 3/4 D. P. Act. subject to restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

¶15

(A. K. Srivastava-I,J.) (A. R. Masoodi,J.)

¶16

Order Date :- 3.10.2024

¶17

Mahesh

¶18

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

Akash Baiswar and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Akash Baiswar and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Rajesh Kumar vs State of U.P. Thru. Prin. Secy. Home and Others

Rashida Alias Rashida Bano and Others vs State of U.P. Thru. Secy. Home Deptt. Govt. of U.P. Lko. and Others

Saarthak Sakar Mehrotra and Another vs State of U.P. Thru. Prin. Secy. Home Lko and 2 Others

Xyz (Minor ) in Fir Case Crime NO.-154/ 2024 Thru. Her Mother/Complainant and Others vs State of U.P. Thru. Prin. Secy. Home Govt. Lko. and Others

Ram Pravesh Singh Alias Ram Pravesh Yadav vs State of U.P. Thru. Station in Charge Office Lucknow

Rakesh Kumar Mishra vs State of U.P.Thru. Addl.Chief Secy. Home Deptt. and Others