Held that petitioner in matrimonial F.I.R. pending that he deposit Rs.50,000/- bank draft shall not be arrested. Order sets date for appearance by parties in person before mediation centre.
Protection from arrest granted upon deposit of Rs.50,000/- by way of bank draft before next date of listing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7519 of 2024
Petitioner :- Yashendra Kumar Dubey Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Santosh Kumar Dubey,Pawan Upadhyay,Shalinee Mani Tripathi Counsel for Respondent :- G.A.
Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. The instant writ petition has been filed by the petitioner with the following main relief :
"(i) Issue of a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 07.08.2024 as Case Crime No.0135 of 2024, under Sections 498-A, 323, 506, 377 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Chowk , District Lucknow (so far as it relates to the petitioner).
(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.1 to 3 not to arrest the petitioner in Case Crime No.0135 of 2024, under Sections 498-A, 323, 506, 377 IPC and Section 3/4 D. P. Act, Police Station Chowk, District Lucknow (so far as it relates to the petitioner)."
3. Learned counsel for the petitioner submits that the petitioner is ready to settle the matrimonial dispute with the respondent no.4 amicably through mediation before the Mediation and Conciliation Centre of this Court.
4. 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.50,000/- before the Mediation and Conciliation Centre of this Court, for which, a bank draft shall be presented by him
within two weeks.
5. Issue notice to respondent No.4 through the police station concerned for appearance before this Court on the date fixed.
6. List this case on 06.11.2024. On which date, petitioner and respondent No.4 shall appear in person.
7. Till the next date of listing, petitioner, namely, Yashendra Kumar Dubey shall not be arrested in furtherance of the impugned F.I.R. No.0135 of 2024, under Section 498-A, 323, 506, 377 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Chowk, District Lucknow.
8. This protection shall, however, be available provided the bank draft, as aforesaid, is presented before this Court on the next date of listing.
(A. K. Srivastava-I,J.) (A. R. Masoodi,J.)
Order Date :- 4.10.2024 Mahesh
Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether petitioner can be granted protection from arrest pending mediation in a matrimonial dispute.
Whether mediating a dowry eviction complaint between petitioner and wife is appropriate in facts.
2 provisions across 2 enactments
Yashendra Kumar Dubey
State Of U.P.
Attaur Rahman Masoodi
Ajai Kumar Srivastava
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
