Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Anil Kumar Tripathi, learned counsel for the petitioners, Shri Akhilendra, learned counsel for the respondent No.4, Ms. Nand Prabha Shukla, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
Short Counter affidavits to be filed on behalf of the respondent no. 4 and the State, be served to the learned counsel for the petitioner. They are directed to file the same in the Registry of this Court, during the course of the date. Office is directed to place the same on record.
The present writ petition has been filed by the petitioner, to quash the First Information Report No. 238 of 2019, under Sections 406, 420 and 506 IPC, Police Station Vikas Nagar, District Lucknow, with a further prayer of no coercive action against the petitioners during the pendency of the instant writ petition.
Learned counsel for the petitioners has submitted that the dispute between the parties is purely of a civil nature. The parties have amicably settled their dispute outside the Court and entered into a compromise on 11.11.2020 (copy of the compromise is annexed as annexure Nos.10 & 11 to the petition). Now, the respondent No.4 has no grievance with the petitioner, but the compromise which has been arrived between the parties is not being entertained by the Investigating Officer, hence the impugned F.I.R. be quashed by this Court on the basis of compromise entered into between the parties.
Learned counsel for the petitioners in support of his contention has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1 and Nikhil Merchant vs. Central Bureau of Investigation & another reported in 2008 (9) SCC 677 and has submitted that the petitioners and respondent No.4 have entered into a compromise and settled the dispute, and as such respondent No.4 does not want to press the aforesaid case against the petitioners. The respondent No.4 is ready to withdraw the prosecution of the petitioners and in view of the compromise no fruitful purpose would be served if the prosecution is allowed to go on.
Learned counsel for the respondent No.4 has admitted the fact of the compromise entered between the parties and has no objection, if the impugned F.I.R. is quashed on the basis of aforesaid compromise.
The learned A.G.A. also stated that the compromise entered between the parties which has been annexed as Annexure Nos. 10 & 11 have been verified and is true.
From the perusal of the record it is apparent that parties have entered into compromise and have settled their dispute amicably.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties, there is minimal chance of witnesses coming forward in support of prosecution case and it may become difficult to prove the prosecution case, hence, chances of conviction appear to be remote. Taking all these factors into consideration cumulatively, the compromise between parties be accepted and further taking into account the legal position as laid down by the Apex Court in the case of Manoj Sharma (supra) and Nikhil Merchant (supra) that this court in exercise of its inherent power under Article 226 of the Constitution of India can quash the F.I.R.
In view of the same, the writ petition in relation to the impugned First Information Report No. 238 of 2019, under Sections 406, 420 and 506 IPC, Police Station Vikas Nagar, District Lucknow is hereby quashed.
Accordingly, the writ petition is allowed.
Order Date :- 30.7.2021 Arun (Saroj Yadav, J.) (Ramesh Sinha, J.)