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Allahabad High Court

NISHU SOLANKI AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed due to the petitioners' non‑appearance and failure to comply with the court's mediation order.

Summary

Petitioners filed a writ petition seeking the quash of an FIR dated 05.04.2025 under Sections 498-A, 323, 506, 354 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, and a mandamus directing the State not to arrest them. The petition was referred to the Mediation and Conciliation Centre, but the petitioners failed to appear and did not comply with the order dated 22.04.2025. The Additional Government Advocate appeared for the State. The Court noted the non‑appearance and non‑compliance and found no reason to keep the petition pending. Consequently, the writ petition was dismissed and the earlier interim order was vacated.

Issues considered

  • Whether the writ petition seeking quash of the FIR and mandamus can proceed in view of the petitioners' non‑appearance and non‑compliance with the mediation order
  • Whether the FIR under the cited provisions can be quashed by this Court

Legislation cited

Subjects

  • writ petition
  • certiorari
  • mandamus
  • FIR quash
  • non‑appearance
  • mediation order
  • criminal procedure

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD
              CRIMINAL MISC. WRIT PETITION No. - 7735 of 2025

Nishu Solanki And 4 Others
                                                             .....Petitioner(s)
                                    Versus

State Of U.P. And 3 Others
                                                           .....Respondent(s)

Counsel for Petitioner(s)        : Amresh Bahadur          Tiwari,     Sanjay
                                   Srivastava
Counsel for Respondent(s)        : G.A.

Court No. - 48
                 HON'BLE CHANDRA DHARI SINGH, J.
                 HON'BLE TARUN SAXENA, J.

1. The instant writ petition has been filed seeking following main
reliefs:-

"(i) Issue a writ, order or direction in the nature of certiorari quashing the

impugned first information report dated 05.04.2025 registered as Case Crime

No. 298 of 2025, Under Section 498-A, 323, 506, 354 1.P.C. and 3/4 D.P. Act,

Police Station Khurja Nagar, District Bulandshahr (Annexure no. 1 to this writ

petition).


(ii) Issue a writ, order or direction in the nature of Mandamus directing the

respondents not to arrest the petitioner in pursuance of the impugned first

information report dated 05.04.2025 registered as Case Crime No. 298 of

2025, under Section 498-A, 323, 506, 354 I.P.C. and Section 3/4 D.P. Act,

Police Station Khurja Nagar, District Bulandshahr."


2. Case called out. None appeared on behalf of the petitioners to
address the Court, however, learned Additional Government
Advocate for the State is present.

3. Vide order dated 22.04.2025, passed by the co-ordinate Bench
of this Court, the matter was referred to Mediation and Conciliation
Centre, High Court, Allahabad.
                                                                                           CRLP No. 7735 of 2025
                                                                 2

                                    4. As per office report dated 15.09.2026, the petitioners have not
                                    complied with the aforesaid order dated 22.04.2025 and thus,
                                    notices could not be issued to the parties concerned.

                                    5. Heard learned Additional Government Advocate for the State
                                    and peruse the record.

                                    6. Taking into consideration the non-appearance of learned
                                    counsel for the petitioners as well as non-compliance of the order
                                    dated 22.04.2025, as stated above, we do not find any reason to
                                    keep this petition pending for further adjudication.

                                    7. In view of the above, the instant writ petition is dismissed.

                                    8. Interim order, granted earlier, stands vacated.



                                                              (Tarun Saxena,J.) (Chandra Dhari Singh,J.)
                                    September 16, 2026
                                    Saurabh




Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad


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