CRLP/11110/2025 of ANIKET SINGH ALIAS ABHISHEK SINGH AND OTHERS Vs STATE OF U.P. THRU. SECY. MINISTRY OF HOME AFFAIRS CIVIL SECTT. LKO. AND OTHERS on 18 December 2025

1. Heard learned counsel for the petitioners, learned AGA for the State- respondent nos. 1 to 3 and Ms. Deepti Gupta, who has filed Vakalatnama on behalf of respondent no. 4.

2. This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of Certiorari for quashing of the first information report dated 2.9.2025 registered as Case Crime No. 349 of 2025 under Section 85/351(3), 352, 115(2) of BNS, 2023 and Section 3/4 of D.P. Act at Police Station-Cornailganj, District Gonda and not to arrest the petitioners pursuant to the impugned FIR.

3. In pursuance to the earlier order of this Court, respondent no. 4 namely Smt. Sangeeta Singh is present in person.

4. Learned counsel for the respondent no. 4, on the basis of the instructions given by the respondent no. 4, states that respondent no. 4 is not willing to appear before the Mediation Centre of this Court in order to settle the dispute between petitioners and herself amicably. Learned counsel further states that as she has come all the way from District Gonda to attend the court proceedings, as such, some amount may be directed to be paid by the petitioners to her to defray her expenses for today.

5. Learned counsel for the petitioners states that an amount of Rs. 25,000/- has already been deposited by the petitioners before this Court in pursuance to the order dated 25.11.2025.

6. Considering the aforesaid, it is provided that an amount of Rs. 20,000/- Versus Counsel for Petitioner(s) : Pushp Raj Singh Counsel for Respondent(s) : G.A. Aniket Singh Alias Abhishek Singh And Others .....Petitioner(s) State Of U.P. Thru. Secy. Ministry Of Home Affairs Civil Sectt. Lko. And Others .....Respondent(s)

would be refunded to the petitioners while amount of Rs. 5,000/- would be paid to the respondent no. 4 by the office for her appearance.

7. Since respondent no. 4 is not willing to settle the matter through mediation, this Court now has no option but to proceed further in the matter.

8. Learned counsel for the petitioners has submitted that the offences as alleged in FIR carry maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest them, which is against the mandate of Bhartiya Nagrik Suraksha Sanhita.

9. Learned A.G.A. appearing for respondents-State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, entails sentence of less than seven years, provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgments rendered by Hon'ble Supreme Court in re; Arnesh Kumar vs. State of Bihar and another - (2014) 8 SCC 273 and Satender Kumar Antil vs. CBI and another- (2022) 10 SCC 51.

10. Considering the stand of the investigating agency, learned counsel for the petitioners states that his petition be disposed of in view of the above said facts.

11. Accordingly, this petition is disposed of in view of the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 and the law as laid down by the Apex Court in re; Arnesh Kumar (supra) and Satender Kumar Antil (supra).

12. However, it is directed that the petitioners shall appear before the Investigating Officer of the concerned police station whenever they are required to cooperate in the investigation. Thereafter, they shall continue to cooperate in the investigation till its completion, failing which, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant. (Mrs. Babita Rani,J.) (Abdul Moin,J.) December 18, 2025 AKK CRLP No. 11110 of 2025 2

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench