Rahul Jaiswal vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Sri Mohd. Zaid Khan, learned counsel holding brief of Sri Mohiuddin Khan, learned counsel for the applicant submits that the criminal proceedings arises out of a family dispute. The parties belong to the same family. Even if the contents of the FIR are taken on its face value no offence is disclosed against the applicant. No injury report is in the record. No one was injured in the incident. The criminal proceedings are actuated by malafides and are being leveraged in the matrimonial dispute. He has relied upon a judgment of the Supreme Court rendered in Salib @ Shalu @ Salim Vs State of U.P. and others reported at 2023 SCC Online SC 947 wherein after taking note of the tendency to launch false prosecution in our judicial system it was held:

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"26. At this stage, we would like to observe something important. Whenever an accused comes before the Court invoking either the inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) or extraordinary jurisdiction under Article 226 of the Constitution to get the FIR or the criminal proceedings quashed essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive for wreaking vengeance, then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely. We say so because once the complainant decides to proceed against the accused with an ulterior motive for wreaking personal vengeance, etc., then he would ensure that the FIR/complaint is very well drafted with all the necessary pleadings. The complainant would ensure that

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A482 No. 7132 of 2025

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the averments made in the FIR/complaint are such that they disclose the necessary ingredients to constitute the alleged offence. Therefore, it will not be just enough for the Court to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not. In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines. The Court while exercising its jurisdiction under Section 482 of the CrPC or Article 226 of the Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as the materials collected in the course of investigation. Take for instance the case on hand. Multiple FIRs have been registered over a period of time. It is in the background of such circumstances the registration of multiple FIRs assumes importance, thereby attracting the issue of wreaking vengeance out of private or personal grudge as alleged."

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Sri Mohd. Zaid Khan, learned counsel holding brief of Sri Mohiuddin Khan, learned counsel for the applicant further contends that the differences between the parties can be amicably resolved through the process of mediation. In case the learned trial court is allowed to proceed at this stage, it will increase further bad blood and the breach between the parties could well become beyond recall.

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At this stage attempts are liable to be made to resolve the disputes between the parties through the process of Mediation & Conciliation Centre, High Court Lucknow Bench, Lucknow.

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The contentions of learned counsels for the parties have prima facie merit. The parties will attempt a reconciliation with the assistance of the Mediation & Conciliation Centre, High Court Lucknow Bench, Lucknow.

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The matter is referred to the Mediation & Conciliation Centre, High Court Lucknow Bench, Lucknow, to attempt to bring about conciliation between the parties through the process of mediation. The following directions shall be executed by the respective parties:

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The applicant is directed to deposit a sum of Rs.10,000/-

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A482 No. 7132 of 2025

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before the Mediation & Conciliation Centre, High Court Lucknow Bench, Lucknow within a period of one month.

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The Mediation & Conciliation Centre, High Court Lucknow Bench, Lucknow shall fix the first date for mediation in the month of December, 2025 and issue notices to the parties accordingly.

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The proceedings shall be concluded within a further period of three months from the date of initiation of the mediation proceedings in December, 2025.

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The Mediation & Conciliation Centre, High Court Lucknow Bench, Lucknow shall send a report before this Court.

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List immediately thereafter.

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Till the next date of listing, the effect and operation of the summoning/congnizance order dated 27.02.2024 and further proceedings of Criminal Case No. 12611 of 2024 pending before the Special Additional Chief Judicial Magistrate, CBI (AP) Lucknow, shall remain stayed.

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(Ajay Bhanot,J.)

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September 3, 2025

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Pravin

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Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad, Lucknow Bench

Rahul Jaiswal v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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Rahul Jaiswal v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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