Neutral Citation No. - 2023:AHC-LKO:50791-DB
Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 5958 of
2023
Petitioner :- Mohammad Chaman And Others
Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. U.P. And Others
Counsel for Petitioner :- Ravi Shanker Tewari,Sheo Pal Singh
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.
1. Heard learned counsel for the petitioners and learned AGA.
2. This petition has been filed with the following main prayers:-
(i) to ssue writ, order or direction in the nature of mandamus commanding the Police of P.S.- Gauriganj, Amethi not to arrest the Petitioners in pursuance to the impugned FIR dated 23.06.2023 lodged by Opposite Party No.4 being FIR No. 0227/2023, U/Ss 498-A/323/504 IPC r.w. section 3/4 D.P. Act & 67A IT Act, P.S- Gauriganj, District.-Amethi.
(ii) to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R being FIR No. 0227/2023 U/Ss 498-A/323/504 IPC r.w. section 3/4 D.P. Act & 67A IT Act, P.S- Gauriganj, District - Amethi which otherwise also is a complete abuse of process.
3. It has been submitted by learned counsel for the petitioners that the petitioner no.1 got married to the complainant on 20.11.2021 according to Muslims rites and rituals. There was no dispute in regard to the marriage till recently. A daughter was borne out of the wedlock on 12.10.2022. However, the opposite party no.4 under misconception has lodged impugned FIR. It
1
has been submitted that the dispute being matrimonial in nature can be amicably settled outside the court through mediation.
4. List this matter on 10.08.2023.
5. Learned AGA shall inform the opposite party no.3, Station House Officer, Police Station - Gauriganj, District - Amethi to ensure the presence of the opposite parties no. 3 and 4 on the next date of listing. The petitioner no.1 shall also present in the Court.
6. The opposite party no.4 is being summoned only to ascertain her willingness to settle the dispute amicably through mediation.
7. Till the next date of listing, the petitioners shall not be arrested in pursuance of the impugned FIR.
Order Date :- 2.8.2023
KR
2