✦ High Court of India · 12 Aug 2025

High Court · 2025

Case Details High Court of India · 12 Aug 2025
Court
High Court of India
Decided
12 Aug 2025
Bench
Not available
Length
1,010 words

Cited in this judgment

"(i) Issue a writ, order or direction in the nature of 'Certiorari' thereby quashing the impugned First Information Report dated 08.05.2025 bearing FIR/Case Crime No. 0216 of 2025, U/s. 85, 115(2), 352, 351(2) of the BNS and Section 3 & 4 of the D.P. Act, registered at Police Station- Chinhet, District- Lucknow. ii) Issue a writ, order or direction in the nature of 'Mandamus' commanding and directing the concerned respondent authorities to ensure impartial, fair and transparent investigation in the matter. iii) Issue a writ, order or direction in the nature of 'Mandamus' thereby directing the investigating agency not to arrest the petitioner in pursuance to the impugned FIR till pendency of the present writ petition before this Hon'ble Court." It has been submitted by learned counsel for the petitioners that the dispute is matrimonial in nature and is likely to be settled through mediation. We have gone through the contents of the F.I.R. and are of the view that being a matrimonial dispute, it is amenable to settlement through mediation. We, therefore, direct the Government Advocate to inform the opposite party no.3/S.H.O./Investigating Officer, Police Station Chinhat, District Lucknow to ensure the presence of the daughter of opposite party no.5 before this Court on the next date of listing only to ascertain her willingness to try and settle her dispute through mediation. The petitioner no.1 shall also remain present along with Bank Draft of Rs.35,000/- made out in favour of the opposite party no.4 on the next date of listing. List this matter on 05.08.2025. Till the next date of listing, the petitioners shall not be arrested in pursuance of the impugned F.I.R. dated 08.05.2025 bearing Case Crime No.216 of 2025, under Sections 85, 115(2), 352, 351(2) of BNS and Sections 3 and 4 of D. P. Act, lodged at Police Station Chinhat, District Lucknow."

3. In compliance of the aforesaid order, petitioner No.1- Avijeet Dubey and petitioner No.4- Hari Nam Dubey as well as opposite party No.4- Smt. Priya Pandey and opposite party No.5- Jagannath Prashad Pandey are present in person.

4. S.I., Ms. Priti Ahirwar, Police Station Chinhat, District Lucknow has assured the presence of opposite party No.4.

5. The petitioner No.1- Avijeet Dubey has produced a demand draft of Rs.35,000/- dated 30.07.2025 in the name of Priya Pandey. The spelling of Priya Pandey is the same which has been indicated in the writ petition i.e. Pandey, whereas, the spelling so indicated on the demand draft is Panday, therefore, the demand draft of Rs.35,000/- has not been properly prepared. Hence, it is returned to the petitioner No.1. The petitioner No.1 has assured that he shall get the demand draft prepared in the correct name of Priya Pandey within 48 hours.

6. Considering the aforesaid request of petitioner No.1, he is directed to produce another demand draft of Rs.35,000/- in the correct name of Priya Pandey, on the next date.

7. List this case on 12.08.2025. On that date parties, who are present before this Court today, shall again appear. However, S.I., Ms. Priti Ahirwar, Police Station- Chinhat, Lucknow need not appear again.

8. Interim order to continue till the next date of listing. " In compliance of the aforesaid order, the petitioner no. 1, Avijeet Dubey, and petitioner No.4- Hari Nam Dubey as well as opposite party No.4- Smt. Priya Pandey and opposite party No.5- Jagannath Prashad Pandey are present in person. S.I., Ms. Priti Ahirwar, Police Station Chinhat, District Lucknow is also present in person. Petitioner no. 1 has produced the demand draft of Rs. 35,000/- dated 06.08.2025 in the name of Priya Pandey. Smt. Priya Pandey has refused to take the demand draft by submitting that she is not willing to settle the dispute through mediation and conciliation center and the matter may be adjudicated in accordance with its own merits, therefore, the demand draft of Rs. 35,000 is returned to Sri Avijeet Dubey, petitioner no. 1. Since, the parties are present before the Court and the Sections under which the FIR has been lodged entails sentence of less than seven years, provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgments rendered by Hon'ble Supreme Court in re; Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273, and Satender Kumar Antil vs. CBI and another, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51. Considering the aforesaid submission, we do not find any reason to keep this petition pending any longer. Accordingly, this writ petition is disposed of finally at the admission stage. No coercive action shall be taken against the petitioners pursuant to the impugned FIR. Since, investigation is going on, therefore, the petitioners are directed to appear before the investigating officer on 19.08.2025 to cooperate in the investigation and they shall further cooperate in the investigation, till filing of police report, failing which the aforesaid protection may be withdrawn on the application being filed by the prosecution or the informant. It is reiterated that the judgements of the Apex court in Re:- Arnesh Kumar (supra) and Satender Kumar Antil (supra), we strictly adhere to and follow in its letter and spirits by all concerned authority. Order Date :- 12.8.2025 Anurag . (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench

"(i) Issue a writ, order or direction in the nature of 'Certiorari' thereby quashing the impugned First Information Report dated 08.05.2025 bearing FIR/Case Crime No. 0216 of 2025, U/s. 85, 115(2), 352, 351(2) of the BNS and Section 3 & 4 of the D.P. Act, registered at Police Station- Chinhet, District- Lucknow. ii) Issue a writ, order or direction in the nature of 'Mandamus' commanding and directing the concerned respondent authorities to ensure impartial, fair and transparent investigation in the matter. iii) Issue a writ, order or direction in the nature of 'Mandamus' thereby directing the investigating agency not to arrest the petitioner in pursuance to the impugned FIR till pendency of the present writ petition before this Hon'ble Court." It has been submitted by learned counsel for the petitioners that the dispute is matrimonial in nature and is likely to be settled through mediation. We have gone through the contents of the F.I.R. and are of the view that being a matrimonial dispute, it is amenable to settlement through mediation. We, therefore, direct the Government Advocate to inform the opposite party no.3/S.H.O./Investigating Officer, Police Station Chinhat, District Lucknow to ensure the presence of the daughter of opposite party no.5 before this Court on the next date of listing only to ascertain her willingness to try and settle her dispute through mediation. The petitioner no.1 shall also remain present along with Bank Draft of Rs.35,000/- made out in favour of the opposite party no.4 on the next date of listing. List this matter on 05.08.2025. Till the next date of listing, the petitioners shall not be arrested in pursuance of the impugned F.I.R. dated 08.05.2025 bearing Case Crime No.216 of 2025, under Sections 85, 115(2), 352, 351(2) of BNS and Sections 3 and 4 of D. P. Act, lodged at Police Station Chinhat, District Lucknow."

3. In compliance of the aforesaid order, petitioner No.1- Avijeet Dubey and petitioner No.4- Hari Nam Dubey as well as opposite party No.4- Smt. Priya Pandey and opposite party No.5- Jagannath Prashad Pandey are present in person.

4. S.I., Ms. Priti Ahirwar, Police Station Chinhat, District Lucknow has assured the presence of opposite party No.4.

5. The petitioner No.1- Avijeet Dubey has produced a demand draft of Rs.35,000/- dated 30.07.2025 in the name of Priya Pandey. The spelling of Priya Pandey is the same which has been indicated in the writ petition i.e. Pandey, whereas, the spelling so indicated on the demand draft is Panday, therefore, the demand draft of Rs.35,000/- has not been properly prepared. Hence, it is returned to the petitioner No.1. The petitioner No.1 has assured that he shall get the demand draft prepared in the correct name of Priya Pandey within 48 hours.

6. Considering the aforesaid request of petitioner No.1, he is directed to produce another demand draft of Rs.35,000/- in the correct name of Priya Pandey, on the next date.

7. List this case on 12.08.2025. On that date parties, who are present before this Court today, shall again appear. However, S.I., Ms. Priti Ahirwar, Police Station- Chinhat, Lucknow need not appear again.

8. Interim order to continue till the next date of listing. " In compliance of the aforesaid order, the petitioner no. 1, Avijeet Dubey, and petitioner No.4- Hari Nam Dubey as well as opposite party No.4- Smt. Priya Pandey and opposite party No.5- Jagannath Prashad Pandey are present in person. S.I., Ms. Priti Ahirwar, Police Station Chinhat, District Lucknow is also present in person. Petitioner no. 1 has produced the demand draft of Rs. 35,000/- dated 06.08.2025 in the name of Priya Pandey. Smt. Priya Pandey has refused to take the demand draft by submitting that she is not willing to settle the dispute through mediation and conciliation center and the matter may be adjudicated in accordance with its own merits, therefore, the demand draft of Rs. 35,000 is returned to Sri Avijeet Dubey, petitioner no. 1. Since, the parties are present before the Court and the Sections under which the FIR has been lodged entails sentence of less than seven years, provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgments rendered by Hon'ble Supreme Court in re; Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273, and Satender Kumar Antil vs. CBI and another, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51. Considering the aforesaid submission, we do not find any reason to keep this petition pending any longer. Accordingly, this writ petition is disposed of finally at the admission stage. No coercive action shall be taken against the petitioners pursuant to the impugned FIR. Since, investigation is going on, therefore, the petitioners are directed to appear before the investigating officer on 19.08.2025 to cooperate in the investigation and they shall further cooperate in the investigation, till filing of police report, failing which the aforesaid protection may be withdrawn on the application being filed by the prosecution or the informant. It is reiterated that the judgements of the Apex court in Re:- Arnesh Kumar (supra) and Satender Kumar Antil (supra), we strictly adhere to and follow in its letter and spirits by all concerned authority. Order Date :- 12.8.2025 Anurag . (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench

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