High Court · 2025

"(1) Heard the learned counsel for the petitioners and the learned A.G.A. who appears on behalf of the State- respondent nos.1 and 2. (2) This petition has been filed by the petitioners for the following main prayers:- "A. Issue a writ, order or direction in the nature of certiorari quashing the first information report dated: 15.07.2025 arising out of Case Crime No.: 0268 of 2025 U/S 115(2), 352, 351(3), 85 of the BNS, 2023 and 3 & 4 of the Dowry Prohibition Act, 1961 registered at P.S. Mohanlalganj, District Lucknow, same is contained as ANNEXURE NO. - 01 to this writ petition in so far as it relates to the petitioner/s, in the interest of justice. B. Issue a writ, order or direction in the nature of certiorari quashing the entire criminal proceedings arising out of Case Crime No. 0268 of 2025 U/S 115(2), 352, 351(3), 85 of the BNS, 2023 and 3 & 4 of the Dowry Prohibition Act, 1961 registered at P.S. Mohanlalganj, District - Lucknow, same is contained as ANNEXURE NO.-01 to this writ petition in so far as it relates to the petitioner/s, in the interest of justice. C. Issue a writ, order or direction in the nature of mandamus commanding the Respondents not to arrest the petitioner/s on the basis of impugned first information report dated: 15.07.2025 arising out of Case Crime No.: 0268 of 2025 U/S 115(2), 352, 351(3), 85 of the BNS, 2023 and 3 & 4 of the Dowry Prohibition Act, 1961 registered at P.S. Mohanlalganj, District - Lucknow." (3) It has been submitted by the learned counsel for the petitioners that the petitioner no.3 is the husband of the informant and they got married on 2.12.2020, but thereafter the informant got annoyed and has lodged the impugned F.I.R., falsely implicating the entire family. It has been submitted that the dispute is matrimonial in nature and can be settled amicably through mediation. It has also been submitted that the petitioner no.3 is willing to deposit some amount in favour of the informant in order to show his bonafide to pursue the mediation proceedings. (4) Issue notice to the Opposite party no.3-Arti Yadav, through Station House Officer, Police Station Mohanlalganj, District Lucknow. (5) Learned A.G.A. shall also inform the Opposite party no.2-SHO of PS. Mohanlalganj, District Lucknow, to ensure the production of the Opposite party no.3-Arti Yadav, in person, before this Court on the next date. (6) List this matter on 12.8.2025 only for the purposes of determining the willingness of the Opposite party no.3-Arti Yadav, to refer the matter to the Mediation and Conciliation Centre of the High Court. (7) The petitioner no.3 shall also appear in person along with a Bank Draft of Rs.20,000/- in favour of his wife, Opposite party no.3-Arti Yadav on 12.8.2025. (8) Till the next date of listing, the petitioners, shall not be arrested in pursuance of the F.I.R. No. 0268 of 2025 U/S 115(2), 352, 351(3), 85 of the BNS, 2023 and 3 & 4 of the Dowry Prohibition Act, 1961 registered at P.S. Mohanlalganj, District Lucknow, subject to their full cooperation in the investigation."

3. In compliance of the aforesaid order, Kamal Yadav- petitioner no. 3 and Arti Yadav-respondent no. 3 are present in person before this Court.

4. Lady Sub Inspector- Megha Tiwari, Police Station- Mohanlalganj, District Lucknow, has ensured the presence of the opposite party no. 4 before this Court.

5. Sri Ajmal Khan, Advocate has filed Vakalatnama on behalf of opposite party no. 3, the same is taken on record.

6. Sri Kamal Yadav-petitioner no. 3 has produced the demand draft of Rs. 20,000/- in the name of Arti Yadav- opposite party no. 3. The opposite party no. 3-Arti Yadav has refused to take the aforesaid Demand Drart by submitting that she is not willing to settle the dispute through Mediation and Conciliation Centre of this Court and she is willing that the matter be decided/finally adjudicated on its own merit. Therefore, the aforesaid Demand Draft of Rs.20,000/- has been returned to the petitioner no. 3-Kamal Yadav.

7. Learned A.G.A. on the basis of specific instructions from the police officer, who is present in person, has stated that investigation has been completed and the charge sheet has been submitted before the Supervisory Authority on 07.08.2025 and the same may likely to be sent to the Court concerned very soon.

8. Since the parties are present before this Court along with their respective counsels and the parties have shown their intention to contest the case on its merit, therefore, we do not find good reason to keep this writ petition pending any longer in as much as pursuant to the FIR, charge-sheet has been filed and if the petitioners are aggrieved, they may challenge the charge sheet before the competent Court of law. It is needless to say that if the petitioners have not been taken into custody during the course of investigation, they may not be apprehended for the reason that the charge sheet has been filed in view of the dictum of the Apex Court in the case of Amanpreet Singh Vs. CBI through Director passed in Criminal Appeal No.929/2021 decided on 02.09.2021 reported in 2021 SCC Online 941, wherein Hon'ble Supreme Court has held that the accused person may not be taken into judicial custody only for the reason that charge sheet has been filed, unless the learned Court concerned has got any cogent reason to take the accused person/persons into judicial custody. Notably the offence under which the FIR has been lodged and charge-sheet has been filed are having punishment upto seven years.

9. In the light of the aforesaid judgment, there is no need to grant any protection to the petitioners for the reason that the law propounded by the Hon'ble Apex Court is a law of the land and all concerned must follow the same in its letter and spirit.

10. The writ petition is disposed of in terms of the above. (Syed Qamar Hasan Rizvi, J.) (Rajesh Singh Chauhan, J.) Order Date :- 12.8.2025 Arun ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

"(1) Heard the learned counsel for the petitioners and the learned A.G.A. who appears on behalf of the State- respondent nos.1 and 2. (2) This petition has been filed by the petitioners for the following main prayers:- "A. Issue a writ, order or direction in the nature of certiorari quashing the first information report dated: 15.07.2025 arising out of Case Crime No.: 0268 of 2025 U/S 115(2), 352, 351(3), 85 of the BNS, 2023 and 3 & 4 of the Dowry Prohibition Act, 1961 registered at P.S. Mohanlalganj, District Lucknow, same is contained as ANNEXURE NO. - 01 to this writ petition in so far as it relates to the petitioner/s, in the interest of justice. B. Issue a writ, order or direction in the nature of certiorari quashing the entire criminal proceedings arising out of Case Crime No. 0268 of 2025 U/S 115(2), 352, 351(3), 85 of the BNS, 2023 and 3 & 4 of the Dowry Prohibition Act, 1961 registered at P.S. Mohanlalganj, District - Lucknow, same is contained as ANNEXURE NO.-01 to this writ petition in so far as it relates to the petitioner/s, in the interest of justice. C. Issue a writ, order or direction in the nature of mandamus commanding the Respondents not to arrest the petitioner/s on the basis of impugned first information report dated: 15.07.2025 arising out of Case Crime No.: 0268 of 2025 U/S 115(2), 352, 351(3), 85 of the BNS, 2023 and 3 & 4 of the Dowry Prohibition Act, 1961 registered at P.S. Mohanlalganj, District - Lucknow." (3) It has been submitted by the learned counsel for the petitioners that the petitioner no.3 is the husband of the informant and they got married on 2.12.2020, but thereafter the informant got annoyed and has lodged the impugned F.I.R., falsely implicating the entire family. It has been submitted that the dispute is matrimonial in nature and can be settled amicably through mediation. It has also been submitted that the petitioner no.3 is willing to deposit some amount in favour of the informant in order to show his bonafide to pursue the mediation proceedings. (4) Issue notice to the Opposite party no.3-Arti Yadav, through Station House Officer, Police Station Mohanlalganj, District Lucknow. (5) Learned A.G.A. shall also inform the Opposite party no.2-SHO of PS. Mohanlalganj, District Lucknow, to ensure the production of the Opposite party no.3-Arti Yadav, in person, before this Court on the next date. (6) List this matter on 12.8.2025 only for the purposes of determining the willingness of the Opposite party no.3-Arti Yadav, to refer the matter to the Mediation and Conciliation Centre of the High Court. (7) The petitioner no.3 shall also appear in person along with a Bank Draft of Rs.20,000/- in favour of his wife, Opposite party no.3-Arti Yadav on 12.8.2025. (8) Till the next date of listing, the petitioners, shall not be arrested in pursuance of the F.I.R. No. 0268 of 2025 U/S 115(2), 352, 351(3), 85 of the BNS, 2023 and 3 & 4 of the Dowry Prohibition Act, 1961 registered at P.S. Mohanlalganj, District Lucknow, subject to their full cooperation in the investigation."

3. In compliance of the aforesaid order, Kamal Yadav- petitioner no. 3 and Arti Yadav-respondent no. 3 are present in person before this Court.

4. Lady Sub Inspector- Megha Tiwari, Police Station- Mohanlalganj, District Lucknow, has ensured the presence of the opposite party no. 4 before this Court.

5. Sri Ajmal Khan, Advocate has filed Vakalatnama on behalf of opposite party no. 3, the same is taken on record.

6. Sri Kamal Yadav-petitioner no. 3 has produced the demand draft of Rs. 20,000/- in the name of Arti Yadav- opposite party no. 3. The opposite party no. 3-Arti Yadav has refused to take the aforesaid Demand Drart by submitting that she is not willing to settle the dispute through Mediation and Conciliation Centre of this Court and she is willing that the matter be decided/finally adjudicated on its own merit. Therefore, the aforesaid Demand Draft of Rs.20,000/- has been returned to the petitioner no. 3-Kamal Yadav.

7. Learned A.G.A. on the basis of specific instructions from the police officer, who is present in person, has stated that investigation has been completed and the charge sheet has been submitted before the Supervisory Authority on 07.08.2025 and the same may likely to be sent to the Court concerned very soon.

8. Since the parties are present before this Court along with their respective counsels and the parties have shown their intention to contest the case on its merit, therefore, we do not find good reason to keep this writ petition pending any longer in as much as pursuant to the FIR, charge-sheet has been filed and if the petitioners are aggrieved, they may challenge the charge sheet before the competent Court of law. It is needless to say that if the petitioners have not been taken into custody during the course of investigation, they may not be apprehended for the reason that the charge sheet has been filed in view of the dictum of the Apex Court in the case of Amanpreet Singh Vs. CBI through Director passed in Criminal Appeal No.929/2021 decided on 02.09.2021 reported in 2021 SCC Online 941, wherein Hon'ble Supreme Court has held that the accused person may not be taken into judicial custody only for the reason that charge sheet has been filed, unless the learned Court concerned has got any cogent reason to take the accused person/persons into judicial custody. Notably the offence under which the FIR has been lodged and charge-sheet has been filed are having punishment upto seven years.

9. In the light of the aforesaid judgment, there is no need to grant any protection to the petitioners for the reason that the law propounded by the Hon'ble Apex Court is a law of the land and all concerned must follow the same in its letter and spirit.

10. The writ petition is disposed of in terms of the above. (Syed Qamar Hasan Rizvi, J.) (Rajesh Singh Chauhan, J.) Order Date :- 12.8.2025 Arun ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench