Shishir Jaiswal. Vs. State of U.P., Thru. Prin. Secy.,home and Others.

Shishir Jaiswal. vs State of U.P., Thru. Prin. Secy.,home and Others

Type Court Judgment Court Allahabad Decided Jun 22, 2010

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Citation: sooperkanoon.com/911012
Court: Allahabad High Court
Judge: Abdul Mateen; Vedpal, J.J.
Decided On: Jun 22, 2010
Case Number: MISC. BENCH No. - 5962 of 2010.
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

[] This WPHC is flied under articles 226 & 227 of the Constitution of India, wherein the advocate for the petitioner is praying that this Hon'ble Court be pleased to issue a writ in the nature of Habeas Corpus or any other appropriate writ, order or direction declaring the detention of Sir. Abdul Khadar Kimhali Pals...

Key legal issue: Criminal
Acts & sections: Indian Penal Code (IPC), 1860 - Sections 498-A, 504, 506, 325, 456, 307, 454 Read with 3 or 4 Dowry Prohibition Act, 1961 ;

Parties & Advocates

Appellant / Petitioner

Shishir Jaiswal.

Advocate K.K. Singh,Nisar Ahmad, Adv.

Respondent

State of U.P., Thru. Prin. Secy.,home and Others

Advocate G.A.,Kumar Ayush, Adv.

Legal References

Acts: Indian Penal Code (IPC), 1860 - Sections 498-A, 504, 506, 325, 456, 307, 454 Read with 3 or 4 Dowry Prohibition Act, 1961 ;

Excerpt

[] this wphc is flied under articles 226 & 227 of the constitution of india, wherein the advocate for the petitioner is praying that this hon'ble court be pleased to issue a writ in the nature of habeas corpus or any other appropriate writ, order or direction declaring the detention of sir. abdul khadar kimhali palsthadka, by order hd 16 scf 2010 dated 18.09.2010 (annexare-a) as illegal and void abinrtio.1. heard shri i.b.singh, learned senior advocate for the petitioner, learned additional government advocate for respondent nos.1 to 3 and shri u.p.singh learned counsel for the respondent nos.4 and 5.2.this petition has been filed with the prayer for quashing of the f.i.r. relating to case crime no.3135 of 2010 under sections 498-a, 504, 506, 325, 456, 307, 454 i.p.c. and section 3/4 of dowry prohibition act, police station kotwali, district unnao.3. we have gone through the contents of the fir. since it discloses commission of cognizable offence as such the same cannot be quashed. at the very outrightly, learned counsel for the petitioner submits that since it being a matrimonial dispute if the matter is forwarded before the mediation & conciliation centre, there is every chance that the matter between the parties may be settled amicably after negotiation to which shri u.p.singh learned counsel for the respondent nos.4 and 5 does not have any objection.4. in any case, it has to be sent after being asked from smt. shivani jaiswal respondent no.5 who happens to be the victim of incident as to whether she is agreeable for sending the matter to the mediation centre of this court or not.5. therefore, we direct respondent no.5 smt. shivani jaiswal to appear before this court on 25.6.2010 to apprise the court as to whether she is agreeable for sending the matter to the mediation centre or not. put up this case on 25.6.2010 for further orders. till 25.6.2010, the petitioner shall not be arrested in the aforesaid case crime number.

Full Judgment

1. Heard Shri I.B.Singh, learned Senior Advocate for the petitioner, learned Additional Government Advocate for respondent nos.1 to 3 and Shri U.P.Singh learned counsel for the respondent nos.4 and 5.

2.This petition has been filed with the prayer for quashing of the F.I.R. relating to Case Crime No.3135 of 2010 under Sections 498-A, 504, 506, 325, 456, 307, 454 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali, District Unnao.

3. We have gone through the contents of the FIR. Since it discloses commission of cognizable offence as such the same cannot be quashed. At the very outrightly, learned counsel for the petitioner submits that since it being a matrimonial dispute if the matter is forwarded before the Mediation & Conciliation Centre, there is every chance that the matter between the parties may be settled amicably after negotiation to which Shri U.P.Singh learned counsel for the respondent nos.4 and 5 does not have any objection.

4. In any case, it has to be sent after being asked from Smt. Shivani Jaiswal respondent no.5 who happens to be the victim of incident as to whether she is agreeable for sending the matter to the Mediation Centre of this Court or not.

5. Therefore, we direct respondent no.5 Smt. Shivani Jaiswal to appear before this Court on 25.6.2010 to apprise the Court as to whether she is agreeable for sending the matter to the Mediation Centre or not. Put up this case on 25.6.2010 for further orders. Till 25.6.2010, the petitioner shall not be arrested in the aforesaid case crime number.

Same Court & Year Allahabad · 2010 Same Parties Shishir Jaiswal. vs State of U.P., Thru. Prin. Secy.,home and... Same Subject Criminal Same Judge Abdul Mateen; Vedpal, J.J. Acts & Sections Indian Penal Code (IPC), 1860 - Sections 498-A, 504, 506, 325...

Criminal