Arnesh Kumar v. State of Bihar and another

"1. Heard Ms. Manisha Kumari, learned counsel for the petitioner and Sri G.D. Bhatt, learned A.G.A. appearing for the State/opposite parties and perused the record.

2. Issue notice to opposite party no. 4 returnable at an early date.

3. Steps within a week.

4. Office to proceed accordingly.

5. By means of this petition the petitioners seek issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 27.7.2025 bearing FIR/Case Crime No. 0428 of 2025, for the offence under Section 85/115(2)/351(3)/352 of Bhartiya Nayay Sanhita (BNS), 2023, registered at Police Station Thakurganj, District Lucknow.

6. Learned counsel for the petitioner has submitted that the impugned F.I.R. is an outcome of a matrimonial dispute and parties 2 CRLP No. 7262 of 2025 are willing to settle their dispute amicably. Learned counsel has stated that he came to know through reliable sources that the S.H.O. of concerning police station is mediating the issue calling the parties in the police station and parties are hopeful that any amicable solution may come out very soon. Besides, she has stated that the offence under which the F.I.R. has been lodged is having punishment up to seven years, therefore, the petitioners are entitled to the benefit of judgment 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.

7. She has also stated that if no amicable solution comes out through police, the parties may prefer mediation before the Mediation and Conciliation Center of this Court, therefore, at least two weeks' time may be given to apprise the Court as to whether any amicable solution could work out or not.

8. List this case on 15.9.2025.

9. On that date the petitioner no. 1 Anoop Singh @ Anoop Kumar and opposite party no. 4 i.e. Smt. Seema Singh shall appear in person to apprise as to whether the parties have settled their dispute or they are willing to settle the dispute through Mediation and Conciliation Center of this Court.

10. The S.H.O., P.S. Thakurganj, District Lucknow shall ensure the presence of opposite party no. 4 before this Court on the the next date.

11. Till the next date of listing no coercive steps shall be taken against the petitioners.

12. Learned AGA shall intimate this order to the S.H.O. concerned for its compliance."

3. In compliance of the aforesaid order, petitioner No.1- Anoop Singh @ Anoop Kumar and opposite party No.4-Smt. Seema Singh are present in person.

4. Sub Inspector- Sri Atul Kumar and lady constable Ms. Laxmi Devi, Police Station- Thakurganj, District Lucknow are also present in person.

5. Learned counsels for the parties have stated that the mediation 3 CRLP No. 7262 of 2025 proceedings in respect of the dispute of the present parties is pending before the Family Court, Lucknow where the date has been fixed for 19.09.2025.

6. It has been informed by the parties that the date of mediation has not been fixed by the family court but pursuant to the FIR, they have been directed to mediate the dispute amicably.

7. On being asked from opposite party No.4- Smt. Seema Singh as to whether she is willing to live with her husband, she has stated that she is willing to live with her husband and shall discharge her responsibilities of the wife properly. She has stated that though she has some grievances against her husband and her family members but those grievances are of trivial in nature and she may ignore such trivial dispute.

8. On being asked from Sri Anoop Singh @ Anoop Kumar/ petitioner No.1 as to whether he is willing to live with his wife, he has stated that he is willing to live his wife but when she is living with him, she used to create some dispute resultant thereof his ailing father, who is suffering from cancer, was in trauma. He has also stated that his wife has told him to live separately but he cannot leave his father, who is a cancer patient. On that Smt. Seema Singh has stated that she has never told her husband to live separately but has only requested that he should take-care of her in a same manner, the husband takes care of his wife.

9. On being asked from opposite party No.4- Smt. Seema Singh as to whether she may go with her husband from the Court itself, she stated that she is ready to go with her husband and live with him from today itself.

10. On that petitioner No.1 has stated that he is also willing to take her back to the home but she may be directed not to create any unnecessary dispute.

11. Keeping in a view the facts and circumstances of the issue in question and the submissions of the parties, the petitioner No.1 Anoop Singh @ Anoop Kumar is directed to take opposite party No.4- Smt. Seema Singh with him to his home from the Court itself, where they will live together as husband and wife properly. The husband shall take care of her properly and shall not create any situation, which is mentally or physically traumatic and at the same time, she shall also take care of her husband and his ailing father 4 CRLP No. 7262 of 2025 properly.

12. The mediation authorities at family court are directed to start mediation session in the early morning say at 10.30 a.m. and shall record the statement of both the parties and the aforesaid exercise shall be completed within one hour, say by 11.30 a.m.. Thereafter, both the parties shall appear before this Court along with their counsels at 1.00 p.m. to apprise the Court as to what statement they have given to the mediation authority at family court. On that date, the present petition may be disposed of finally if, this Court finds that they have settled their dispute amicably and living together peacefully.

13.The Station House Officer, Police Station Thakurganj, District Lucknow is directed to keep vigil on the residence of the petitioner No.1 to ensure as to whether everything is going on normal in the house of the petitioner No.1, and if, parties make any grievance to him, he may try to resolve amicably, as the petitioners may not be harassed unnecessarily.

14. List this case on 19.09.2025. On that date, the officers, who are present in person need not appear again.

15. This matter may be taken up at 1.00 pm.

16. Interim order to continue till the next date of listing."

3. In compliance of the aforesaid order, petitioner no. 1-Anoop Singh alias Anoop Kumar and respondent no. 4-Smt. Seema Singh are present in person.

4. The respondent no. 4-Smt. Seema Singh has stated that in compliance of the aforesaid order, the petitioner Anoop Singh alias Anoop Kumar has taken her to his home on the same date i.e. 15.09.2025 and she started living in the same house till today. She has stated that her husband Anoop Singh alias Anoop Kumar has however, not tortured her physically but has threatened her for dire consequences. She has further stated that she tried her level best to resolve the dispute outside the Court but her husband and his family members did not accept her in any manner. Therefore, under the compelling circumstances, she has apprised the mediators at Family Court that she may not live with her husband as she is apprehensive of his behaviour. 5 CRLP No. 7262 of 2025

5. The petitioner no. 1-Anoop Singh alias Anoop Kumar has stated that he complied the order of this Court in its letter and spirit, taking his wife to his home and tried to live peacefully but his wife has not cooperated him in the house. She did not talk with her family members and has said that she will live her life on her own terms and conditions and shall not accept the suggestions of him or his family members. He has stated that he is willing to live with his wife.

6. Learned counsel for the petitioners has provided the Mediation Report of District Legal Services Authority, Lucknow, under sealed cover and the seal has been opened pursuant to the direction of this Court, the same is taken on record. Perusal thereof reveals that mediation between the parties could not be succeeded.

7. The respondent no. 4-Smt. Seema Singh, has stated before this Court also that she may not live with her husband and there is no possibility of amicable solution between them, so the matter may not be referred to the Mediation & Conciliation Centre of this Court.

8. Be that as it may, since the investigation is going on in the matter and the offences under which the FIR has been lodged are having cognizable offences, however, the punishment under which is upto seven years, therefore, the petitioners are entitled for the benefit of dictum of Hon'ble Apex Court in re; Satender Kumar Antil vs. CBI and another, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51. The petitioners shall participate in the investigation till completion thereof and filing of the police report. It is needless to say that if the petitioners and other concerning parties participate in the investigation properly, the same may be conducted and concluded with expedition strictly in accordance with law without harassing them unnecessarily.

9. The petitioners are directed to appear before the Investigating Officer of the concerned police station on 25.09.2025 at 11.00 AM sharp along with the certified copy of the order of this Court to cooperate in the investigation. If the petitioners do not cooperate in the investigation, any appropriate step may be taken by the Investigating Officer, which are permissible under law.

10. In view of the aforesaid terms, the present writ petition is disposed of finally.

11. Interim order, if any, stands vacated. 6 CRLP No. 7262 of 2025

12. It is made clear that while passing the aforesaid order and earlier orders, we have not entered into the merits of the issue, therefore, the Investigating Agency may conduct the investigation independently without being influenced from any observation of this order or earlier orders passed by this Court. September 19, 2025 Arun (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

"1. Heard Ms. Manisha Kumari, learned counsel for the petitioner and Sri G.D. Bhatt, learned A.G.A. appearing for the State/opposite parties and perused the record.

2. Issue notice to opposite party no. 4 returnable at an early date.

3. Steps within a week.

4. Office to proceed accordingly.

5. By means of this petition the petitioners seek issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 27.7.2025 bearing FIR/Case Crime No. 0428 of 2025, for the offence under Section 85/115(2)/351(3)/352 of Bhartiya Nayay Sanhita (BNS), 2023, registered at Police Station Thakurganj, District Lucknow.

6. Learned counsel for the petitioner has submitted that the impugned F.I.R. is an outcome of a matrimonial dispute and parties 2 CRLP No. 7262 of 2025 are willing to settle their dispute amicably. Learned counsel has stated that he came to know through reliable sources that the S.H.O. of concerning police station is mediating the issue calling the parties in the police station and parties are hopeful that any amicable solution may come out very soon. Besides, she has stated that the offence under which the F.I.R. has been lodged is having punishment up to seven years, therefore, the petitioners are entitled to the benefit of judgment 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.

7. She has also stated that if no amicable solution comes out through police, the parties may prefer mediation before the Mediation and Conciliation Center of this Court, therefore, at least two weeks' time may be given to apprise the Court as to whether any amicable solution could work out or not.

8. List this case on 15.9.2025.

9. On that date the petitioner no. 1 Anoop Singh @ Anoop Kumar and opposite party no. 4 i.e. Smt. Seema Singh shall appear in person to apprise as to whether the parties have settled their dispute or they are willing to settle the dispute through Mediation and Conciliation Center of this Court.

10. The S.H.O., P.S. Thakurganj, District Lucknow shall ensure the presence of opposite party no. 4 before this Court on the the next date.

11. Till the next date of listing no coercive steps shall be taken against the petitioners.

12. Learned AGA shall intimate this order to the S.H.O. concerned for its compliance."

3. In compliance of the aforesaid order, petitioner No.1- Anoop Singh @ Anoop Kumar and opposite party No.4-Smt. Seema Singh are present in person.

4. Sub Inspector- Sri Atul Kumar and lady constable Ms. Laxmi Devi, Police Station- Thakurganj, District Lucknow are also present in person.

5. Learned counsels for the parties have stated that the mediation 3 CRLP No. 7262 of 2025 proceedings in respect of the dispute of the present parties is pending before the Family Court, Lucknow where the date has been fixed for 19.09.2025.

6. It has been informed by the parties that the date of mediation has not been fixed by the family court but pursuant to the FIR, they have been directed to mediate the dispute amicably.

7. On being asked from opposite party No.4- Smt. Seema Singh as to whether she is willing to live with her husband, she has stated that she is willing to live with her husband and shall discharge her responsibilities of the wife properly. She has stated that though she has some grievances against her husband and her family members but those grievances are of trivial in nature and she may ignore such trivial dispute.

8. On being asked from Sri Anoop Singh @ Anoop Kumar/ petitioner No.1 as to whether he is willing to live with his wife, he has stated that he is willing to live his wife but when she is living with him, she used to create some dispute resultant thereof his ailing father, who is suffering from cancer, was in trauma. He has also stated that his wife has told him to live separately but he cannot leave his father, who is a cancer patient. On that Smt. Seema Singh has stated that she has never told her husband to live separately but has only requested that he should take-care of her in a same manner, the husband takes care of his wife.

9. On being asked from opposite party No.4- Smt. Seema Singh as to whether she may go with her husband from the Court itself, she stated that she is ready to go with her husband and live with him from today itself.

10. On that petitioner No.1 has stated that he is also willing to take her back to the home but she may be directed not to create any unnecessary dispute.

11. Keeping in a view the facts and circumstances of the issue in question and the submissions of the parties, the petitioner No.1 Anoop Singh @ Anoop Kumar is directed to take opposite party No.4- Smt. Seema Singh with him to his home from the Court itself, where they will live together as husband and wife properly. The husband shall take care of her properly and shall not create any situation, which is mentally or physically traumatic and at the same time, she shall also take care of her husband and his ailing father 4 CRLP No. 7262 of 2025 properly.

12. The mediation authorities at family court are directed to start mediation session in the early morning say at 10.30 a.m. and shall record the statement of both the parties and the aforesaid exercise shall be completed within one hour, say by 11.30 a.m.. Thereafter, both the parties shall appear before this Court along with their counsels at 1.00 p.m. to apprise the Court as to what statement they have given to the mediation authority at family court. On that date, the present petition may be disposed of finally if, this Court finds that they have settled their dispute amicably and living together peacefully.

13.The Station House Officer, Police Station Thakurganj, District Lucknow is directed to keep vigil on the residence of the petitioner No.1 to ensure as to whether everything is going on normal in the house of the petitioner No.1, and if, parties make any grievance to him, he may try to resolve amicably, as the petitioners may not be harassed unnecessarily.

14. List this case on 19.09.2025. On that date, the officers, who are present in person need not appear again.

15. This matter may be taken up at 1.00 pm.

16. Interim order to continue till the next date of listing."

3. In compliance of the aforesaid order, petitioner no. 1-Anoop Singh alias Anoop Kumar and respondent no. 4-Smt. Seema Singh are present in person.

4. The respondent no. 4-Smt. Seema Singh has stated that in compliance of the aforesaid order, the petitioner Anoop Singh alias Anoop Kumar has taken her to his home on the same date i.e. 15.09.2025 and she started living in the same house till today. She has stated that her husband Anoop Singh alias Anoop Kumar has however, not tortured her physically but has threatened her for dire consequences. She has further stated that she tried her level best to resolve the dispute outside the Court but her husband and his family members did not accept her in any manner. Therefore, under the compelling circumstances, she has apprised the mediators at Family Court that she may not live with her husband as she is apprehensive of his behaviour. 5 CRLP No. 7262 of 2025

5. The petitioner no. 1-Anoop Singh alias Anoop Kumar has stated that he complied the order of this Court in its letter and spirit, taking his wife to his home and tried to live peacefully but his wife has not cooperated him in the house. She did not talk with her family members and has said that she will live her life on her own terms and conditions and shall not accept the suggestions of him or his family members. He has stated that he is willing to live with his wife.

6. Learned counsel for the petitioners has provided the Mediation Report of District Legal Services Authority, Lucknow, under sealed cover and the seal has been opened pursuant to the direction of this Court, the same is taken on record. Perusal thereof reveals that mediation between the parties could not be succeeded.

7. The respondent no. 4-Smt. Seema Singh, has stated before this Court also that she may not live with her husband and there is no possibility of amicable solution between them, so the matter may not be referred to the Mediation & Conciliation Centre of this Court.

8. Be that as it may, since the investigation is going on in the matter and the offences under which the FIR has been lodged are having cognizable offences, however, the punishment under which is upto seven years, therefore, the petitioners are entitled for the benefit of dictum of Hon'ble Apex Court in re; Satender Kumar Antil vs. CBI and another, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51. The petitioners shall participate in the investigation till completion thereof and filing of the police report. It is needless to say that if the petitioners and other concerning parties participate in the investigation properly, the same may be conducted and concluded with expedition strictly in accordance with law without harassing them unnecessarily.

9. The petitioners are directed to appear before the Investigating Officer of the concerned police station on 25.09.2025 at 11.00 AM sharp along with the certified copy of the order of this Court to cooperate in the investigation. If the petitioners do not cooperate in the investigation, any appropriate step may be taken by the Investigating Officer, which are permissible under law.

10. In view of the aforesaid terms, the present writ petition is disposed of finally.

11. Interim order, if any, stands vacated. 6 CRLP No. 7262 of 2025

12. It is made clear that while passing the aforesaid order and earlier orders, we have not entered into the merits of the issue, therefore, the Investigating Agency may conduct the investigation independently without being influenced from any observation of this order or earlier orders passed by this Court. September 19, 2025 Arun (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench