Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 26071 of 2019 Petitioner :- Ashok Chauhan Alias Dhananjay Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Radhey Shyam Pandey,Pramod Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Pramod Kumar Srivastava, learned counsel for the petitioners and the learned A.G.A.
The instant petition seeks quashing of the First Information Report dated 6.2.2019, registered as Case Crime no. 0048 of 2019, under Sections 420, 406, 504 and 506 IPC, P.S. Kotwali, District Mau.
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 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 the S.S.P / S.P concerned 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 :- 19.12.2019 N.S.Rathour