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Allahabad High Court

SAURABH KUMAR AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed due to the petitioners' non‑appearance and failure to comply with the court‑ordered mediation, and the interim order is vacated.

Summary

The petitioners filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 12.03.2025 under sections 498-A, 313, 323, 504, 506 of the IPC and sections 3/4 of the Dowry Prohibition Act, and a mandamus directing the police not to arrest them. No counsel appeared for the petitioners, while the Additional Government Advocate represented the State. An earlier order had referred the matter to the Mediation and Conciliation Centre, but the petitioners failed to comply with that order. The Court, noting the non‑appearance and non‑compliance, found no reason to keep the petition pending. Consequently, the writ petition was dismissed and the interim order previously granted was vacated.

Issues considered

  • Whether the High Court can quash the FIR under the listed provisions through a writ of certiorari
  • Whether a mandamus can be issued directing the police not to arrest the petitioners
  • Whether the petition can proceed despite the petitioners' non‑appearance and failure to comply with the mediation order

Legislation cited

Subjects

  • Writ petition
  • Certiorari
  • Mandamus
  • FIR quash
  • Non‑appearance
  • Mediation order
  • High Court
  • Criminal procedure
  • Dowry Prohibition Act

Judgment

           HIGH COURT OF JUDICATURE AT ALLAHABAD
             CRIMINAL MISC. WRIT PETITION No. - 8967 of 2025

Saurabh Kumar And 4 Others
                                                               .....Petitioner(s)
                                     Versus

State Of U.P. And 2 Others
                                                             .....Respondent(s)

Counsel for Petitioner(s)        : Amit Kumar Singh
Counsel for Respondent(s)        : Anil Kumar, Deepak Yadav, G.A.,
                                   Rahul Mehrotra

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 of the

impugned First Information Report dated 12.03.2025 in Case Crime No. 04 of

2025, Under Section 498-A, 313, 323, 504, 506 I.P.C. & 3/4 Dowry Prohibition

Act 1961, Police Station-Mahila Thana, District- Etah (Annexure No.1 to this

writ petition).


(ii) Issue a writ, order or direction in the nature of mandamus for commanding

and directing the respondent no.2 not to arrest the petitioners in pursuance of

First Information Report dated 12.03.2025 in Case Crime No. 04 of 2025,

Under Section 498-A, 313, 323, 504, 506 I.P.C. & 3/4 Dowry Prohibition Act

1961, Police Station-Mahila Thana, District-Etah."


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 06.05.2025, passed by the co-ordinate Bench
of this Court, the matter was referred to Mediation and Conciliation
Centre, High Court, Allahabad.
                                                                                           CRLP No. 8967 of 2025
                                                                 2

                                    4. As per report dated 23.05.2025 of the Mediation and Conciliation
                                    Centre, Allahabad, the petitioners have not complied with the
                                    aforesaid order dated 06.05.2025 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 06.05.2025, 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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