Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 2943 of 2021 Petitioner :- Anil Sain And 2 Others Respondent :- The State Of U P And 3 Others Counsel for Petitioner :- Shadab Alam Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard Sri Shadab Alam, learned counsel for the petitioners, Sri Rohit Nandan Pandey, learned counsel for the respondent no.4 and Sri N.K.Srivastava, learned A.G.A. for the State.
This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 09.08.2019 (Annexure No.1 to the writ petition) in Case Crime No.0765 of 2019, under Sections 420 & 406 I.P.C., Police Station Kaasna, district Gautam Buddh Nagar. A further prayer is that a direction be issued to respondents not to arrest the petitioners in pursuance of F.I.R. dated 09.08.2019 in Case Crime No.559 of 2019, under Sections 420, 406 and 506 I.P.C., Police Station Kasna, district Gautam Buddh Nagar.
We have enquired from the parties, it is stated that the first information report may be quashed as the parties have amicably settled their dispute and in this regard a settlement deed has also been executed, which is on record as Annexure-2. The offence under Sections 420 and 406 I.P.C. in Case Crime No.559 of 2019 are compoundable and even the offence under Section 506 I.P.C. is also compoundable.
In that view of the matter, all the aforesaid three offences are compoundable, we dispose of the writ petition with the direction that the first information report lodged in Case Crime No.559 of 2019, under Sections 420, 406 and 506 I.P.C., Police Station Kasna, district Gautam Buddh Nagar, is hereby quashed.
Order Date :- 10.5.2021 R./