Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30547 of 2018 Petitioner :- Abid Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Anmol Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the parties.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 25.08.2018 registered as Case Crime No. 128 of 2018, under Sections 307, 323, 504 I.P.C., P.S.- Bachharaun, District-
J.P. Nagar/Amroha.
It is submitted by the learned counsel for the petitioner that the parties have entered into compromise outside the Court. Copy of the compromise dated 20.10.2018 has been brought on record as Annexure No. 3 to the writ petition. In view of the compromise dated 20.10.2018, the respondent no. 3 is no longer interested in proceeding with the prosecution of the petitioner in this matter and hence, the impugned F.I.R. is liable to be quashed.
Per contra Sri Ishwar Chandra Tyagi, learned counsel for appearing for the respondent no. 3 does not dispute the correctness of the submissions made by learned counsel for the petitioner.
However, Sri A. K. Sand, learned A.G.A.-I has opposed the prayer made by the learned counsel for the petitioner on the ground that the offence u/s 307 I.P.C. which is the subject matter of the impugned F.I.R. is an offence against the society and the State. From the perusal of the injury report of the injured, it transpires that he has received multiple stab injuries in his stomach and in view of the judgement rendered by the Apex Court in the case of State of Madhya Pradesh V/S Deepak & Ors reported in 2014 LawSuit (SC) 741, the impugned F.I.R. is not liable to be quashed.
After having heard learned counsel for the parties and perused the material brought on record including the impugned F.I.R., the injury report, the compromise entered into between the parties and the judgement rendered by the Apex Court in the case of Deepak (supra), we are not inclined to quash the impugned F.I.R.
However, considering the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the following directions :-
1) The investigation of the aforesaid case shall go on but the petitioner Abid shall not be arrested till the submission of police report under Section 173(2) Cr.P.C., subject to his extending full cooperation during investigation.
2) In case the compromise entered into between the parties on 20.10.2018 is filed before the Investigating Officer of the case, he before submitting the police report u/s 173 (2) Cr.P.C., shall also take into consideration the compromise apart from the other material collected during the investigation.
Order Date :- 30.10.2018 KS