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Arun Kumar and Others vs State of U.P. and Others

Allahabad High Court · Decided on 2 August 2011 · Citation: (2011) 8 ADJ 52 : (2012) 1 DMC 409

HON’BLE JUDGES
Shyam Shankar Tiwari, J · Amar Saran, J
ACTS & SECTIONS REFERRED
Dowry Prohibition Act, 1961 — Section 3, 4 · Penal Code, 1860 (IPC) — Section 342, 498A, 504, 506
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Writ Petition No. 14478 of 2011
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Judgment

9 paragraphs · 340 words
1.

Heard learned counsel for the petitioners and learned Additional Government Advocate.

2.

This writ petition has been filed for quashing of an FIR in case Crime No. 323 of 2011, under Sections 498-A, 342, 504, 506 IPC and 3/4 Dowry Prohibition Act, P.S. Aurangabad, District Bulandshahar.

3.

The writ Court is not competent to go into questions of facts and on the allegations it cannot be said that no prima facie case is disclosed.

Hence the FIR cannot be quashed by this Court at this stage.

4.

However, in view of the contention of the counsel for the petitioners that dispute can be settled amicably between the parties, it is provided that if the petitioners appears before the Magistrate concerned within three weeks from today, the magistrate concerned shall release the petitioners on interim bail on their furnishing personal bonds. After releasing the petitioners on interim bail, the magistrate concerned shall himself or through any agency existing for mediation/conciliation or counseling in the district send the matter for mediation/conciliation or counseling and in case the matter is amicably resolved in the said proceedings, the Investigating Agency and the Court concerned may take a decision as to whether final report may be submitted or appropriate orders be passed in the criminal proceedings.

5.

The mediating agency shall inform the factum of success or failure of the mediation within one week of conclusion of the mediation/conciliation proceedings. In case the matter could not be resolved in the mediation proceedings, the Court concerned may consider the matter of final bail on merits in accordance with law.

For a period of three weeks from today or till the petitioners appear/surrender before the Court below and apply for bail (whichever is earlier), the petitioners shall not be arrested in the aforesaid case crime.

It is made clear that if the petitioners fails to appear before the Court concerned for the purpose of applying for bail within the time allowed, no further extension will be given.

With the aforesaid observations, this petition is disposed of.