Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 11356 of 2019 Petitioner :- Akash And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Amit Kumar Chaudhary, learned counsel for the petitioners and the learned A.G.A.
The instant petition seeks quashing of the First Information Report dated 15.11.2018 arising out of Case Crime no. 279 of 2018, under Sections 498-A, 323, 328, 313, 377, 354(Ka), 506 IPC & 3/4 D.P. Act, P.S.
Simbhawali, District Hapur.
A prima facie perusal of the FIR discloses commission of cognizable offences but the FIR is sought to be quashed on the ground of a recorded settlement dated 4.4.2019 (Annexure-5) between the respective parties.
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 fitness 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 S.P, Farrukhabad, 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 :- 30.4.2019 N.S.Rathour