Akash And 6 Others v. State Of U.P. And 3 Others

Heard Mr. Waqar Ahmad, Advocate holding brief of Mr. Abhay Singh Yadav, the learned counsel for petitioners and the learned A.G.A. representing State respondents 1,2 and 3.

Perused the record.

Petitioners Akash and 6 others have approached this Court by means of present Criminal Misc. Writ Petition challenging the FIR dated

22.01.2026 lodged by first informant respondent 4, Anjali and registered as Case Crime No. 51 of 2026, under Sections 85, 352, 115(2), 351(3) B.N.S., Section 3/4 D.P. Act, Police Station Fareedpur, District Bareilly.

Learned counsel for petitioners in challenge to the impugned FIR submits that marriage of petitioner 1 was solemnized with first informant respondent 4, Anjali on 22.06.2023. However, on account of some marital discord relationship between the husband and wife that is petitioner 1 and respondent 4 became estranged. As such the dispute between the parties is essentially a matrimonial dispute which has been dragged into criminal litigation.

On the above premise the learned counsel for petitioners thus submits that interest of justice shall better be served in case the parties are referred to mediation. Considering the nature of dispute between the parties there are every chances of the dispute being resolved amicably.

It is, however, submitted by the learned counsel for petitioners that 2 CRLP No. 4420 of 2026 almost the entire family has been falsely implicated in the crime in question. General and omnibus allegations have been made in the impugned FIR. Allegations made in the FIR are not pin-pointed allegations. The same are also devoid of material particulars qua the crime in question.

Referring to the judgment of Supreme Court in Kahkashan Kausar alias Sonam and others v. State of Bihar and others, (2022) 6 SCC 599 as reaffirmed in Paramjeet Singh v. State of Himachal Pradesh and others, 2025 SCC OnLine SC 1976 and Urmila Devi and others v. Balram and another, 2025 SCC OnLine 1574, it is urged by the learned counsel for petitioners that criminal prosecution of petitioners 2 to 7 pursuant to the impugned FIR cannot be sustained.

Per contra, the learned A.G.A. representing State respondents submits that considering the nature of dispute between the parties, it is desirable that the parties be referred to mediation at the first instance.

Accordingly, the matter is referred to the Mediation and Conciliation Center, High Court Allahabad.

Petitioners shall deposit a sum of Rs. 25000/- by way of an account payee bank draft/electronic mode drawn in favour of Registrar (Accounts), Mediation and Conciliation Center, High Court Allahabad within a period of three weeks from today. In case the aforesaid deposit is made, notice shall be issued by the Mediation Center to first informant respondent 4. Upon appearance, a sum of Rs. 20,000/-, out of the aforesaid deposit, shall be paid to first informant respondent 4, whereas the balance amount shall be utilized towards cost of mediation.

The Mediation Center shall endeavor to conclude the mediation proceedings within a period of three months from today and thereafter submit its report to this Court.

Notice on behalf of State respondents 1,2 & 3 has been accepted by the learned A.G.A.

Issue notice to first informant respondent 4. 3 CRLP No. 4420 of 2026

Steps for notice upon first informant respondent 4 shall be taken by the learned counsel for petitioners within the time period prescribed under the Rules of Court.

All the respondents are granted six weeks time to file their respective counter affidavits.

Petitioners will have two weeks thereafter to file their rejoinder affidavits.

Put up this writ petition for admission as fresh before appropriate Bench on 26.05.2026.

Considering the facts and circumstances of the case and also the fact that parties have been referred to Mediation, therefore, as an interim measure, it is provided that petitioners shall not be arrested in Case Crime No. Case Crime No. 51 of 2026, under Sections 85, 352, 115(2), 351(3) B.N.S., Section 3/4 D.P. Act, Police Station Fareedpur, District Bareilly till the next date fixed.

However, in case of default in depositing the amount aforesaid, this interim order shall automatically stand vacated. The Investigating Officer shall be free to arrest the petitioners.

The matter shall not be treated as tied up or part-heard to this Bench.

Assignment, if any, stands discharged. February 25, 2026 Brijesh Maurya (Lakshmi Kant Shukla,J.) (Rajeev Misra,J.)