Partly allowed

Abhishek Singh v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Others

Allahabad HC2 Feb 2024CRLP/764/2024

Case brief

AI extract

What is this about?

The petitioner sought to quash the FIR and stay arrest. The petitioner expressed willingness to deposit a sum for mediation. The Court stayed the arrest, directed the petitioner to deposit funds for mediation, and listed the matter for further hearing.

What did the court decide?

Arrest stayed pending police report under Section 173(2) Cr.P.C. and further order; petitioner directed to deposit Rs.15,000 for mediation.

Abhishek Singh vs State of U.P. Thru. Addl. Chief Secy… — Quashing and FIR | Allahabad HC (2024)

¶1

Court No. - 10

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 764 of 2024

¶3

Petitioner :- Abhishek Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Anand Dubey,Atul Kumar Singh,Laxmi Kant Ojha Counsel for Respondent :- G.A.

¶4

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.

¶5

Heard learned counsel for the petitioner and learned A.G.A. for the State.

¶6

This writ petition has been filed with the following main prayers :

¶7

"Issue a writ, order or direction in the nature of certirorari thereby to quash the impugned first information report dated 17.01.2024, lodged by the opposite party no.4, against the petitioner vide Case Crime No.10 of 2024, under Sections 406, 323, 504, 506, 313, 376, 498A of I.P.C. and Section 3/4 D. P. Act, Police Station- Maharur, DistrictAmbedkar Nagar, in the interest of justice.

¶8

Issue a writ, order or direction in the nature of mandamus commanding the opposite parties and directing the opposite party nos.2 and 3 not to arrest or adopt any coercive measures against the petitioner on the basis of the impugned first information report dated 17.01.2024, lodged by the opposite party no.4 against the petitioner, vide Case Crime No.10 of 2024, under Sections 406, 323, 504, 506, 313, 376, 498A of I.P.C. and Section 3/4 D. P. Act, Police Station- Maharur, DistrictAmbedkar Nagar, in the interest of justice."

¶9

After arguing at some length, learned counsel for the petitioner says that the matter can be settled in the mediation. The petitioner is willing to deposit some amount in favour of opposite party no.4 only to show his bona fide and genuinely pursue the mediation proceedings.

¶10

List this matter on 16.02.2024.

¶11

The petitioner shall make out a bank draft of Rs.15,000/- in favour of opposite party no.4 and bring the same in Court on the next date of listing.

¶12

Learned A.G.A. shall inform the opposite party no.3, Station House Officer, Police Station Maharua, District Ambedkar Nagar to ensure the presence of opposite party no.4, before this Court only to ascertain her willingness to try and settle the dispute through mediation on the next date of listing.

¶13

Till the next date of listing or till the submission of police report under Section 173 (2) Cr.P.C., if any, before the Competent Court, whichever is earlier, the arrest of the petitioners in pursuance of the impugned First Information Report, shall remain stayed, of course subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

¶14

Order Date :- 2.2.2024 Mahesh

¶15

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

Abhishek Singh v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Abhishek Singh v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Vikalp Singh and Others vs State of U.P. Thru. Prin. Secy. Home U.P. Lucknow and Others

Ashish Kumar Soni vs State of U.P. Thru. Prin. Secy. Home Lko. and Others

Sarvan vs State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. and Others

Shyamu vs State of U.P. Thru. Addl., Chief Secy. Home Deptt. U.P. Govt. Lucknow and Others

Brijesh Kumar vs State of U.P. Thru. Secy. Home Deptt. Lucknow and Others

Ram Naresh vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lucknow and Others