Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 5364 of 2019 Petitioner :- Aabid and 5 others Respondent :- State of U.P. and 2 others Counsel for Petitioner :- Satyam Narayan Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Satyam Narayan, learned counsel for the petitioners, Sri A.N. Mulla, learned AGA and perused the impugned F.I.R, as well as material brought on record.
The instant petition seeks quashing of the First Information Report dated 24.1.2019 registered as Crime No. 0025 of 2019 under Sections 147, 452, 323, 427, 504, 506 at Police Station Phalavada, District Meerut.
Learned counsel for the parties do not dispute that on account of intervention of their relations, parties have entered into amicable settlement.
Whether parties have entered into a compromise/settlement or not, is an issue which needs to be ascertained by examining the victim and other parties concerned before the I.O. Concerned.
The learned A.G.A. rightly submits that it would be in the fintess of things if the petitioner is relegated to place his compromise/settlement before the I.O. concerned who after examining the parties, shall submit a report under Section 173(2) Cr.P.C.
In the event the I.O. concerned does not extend necessary cooperation, it shall be open for the petitioner to approach the SSP concerned who shall be obliged to pass appropriate orders.
With the above observations, the writ petition is disposed of.
It is clarified that the above liberty would be available only in the event the police has not submitted a report under Section 173(2) of the Code.
Order Date :- 28.2.2019 Ram Murti