Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15926 of 2020 Petitioner :- Ankit Kanaujia And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sandeep Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
The instant petition has been filed by the petitioners, praying for quashing of the First Information Report, registered as Case Crime No.500 of 2019, under Sections 498-A, 323, 363, 392, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S.- Medical College, District-Meerut with a further prayer to stay their arrest during pendency of investigation of the said case.
The submission of learned counsel for the petitioners is that after lodging the impugned F.I.R., a compromise took place between the parties before Lok Adalat in proceedings under Section 125 Cr.P.C. pending before Principal Judge, Family Court, Meerut by way of Case No. 422 of 2019. On basis of said compromise, an application was filed by first informant for withdrawing the petition under Section 125 Cr.P.C. A copy of the said application has been brought on record as Annexure-3. It is pointed out that Principal Judge, Family Court, Meerut having regard to the application filed by first informant, dismissed the petition under Section 125 Cr.P.C. It is urged that despite these fact being brought to the knowledge of Investigating Officer, he is not concluding the investigation and is harassing the petitioners.
Learned AGA submitted that in case the petitioners bring these facts to the knowledge of the Investigating Officer, there appears no reason why he will not take into consideration the compromise arrived at between the parties.
Having regard to the submissions made, we grant liberty to the petitioners to file certified copy of the compromise deed (Annexure-3) along with application filed in Case No. 422 of 2019 as well as order dated 14.12.2019 passed by Principal Judge, Family Court, Meerut before Investigating Officer along with true attested copy of the instant order. In that event, the Investigating Officer, after satisfying that the parties had entered into compromise aforesaid, will proceed to conclude the investigation, and submit police report under Section 173 (2) Cr.P.C. expeditiously preferably within next eight weeks.
In the meantime, no coercive action shall be taken against the petitioners on basis of impugned F.I.R.
The petition stands disposed of accordingly.
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(Rajendra Kumar-IV, J.) (Manoj Kumar Gupta, J.) Order Date :- 7.1.2021 Manoj