Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 25919 of 2018
Petitioner :- Babita And Another
Respondent :- State Of U.P. And
Counsel for Petitioner :- Ashutosh Upadhyay
Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Short counter affidavit filed on behalf of the respondent no. 3 in the Court today is kept on record.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1 and 2 and Sri Sanjay Kumar Singh, learned counsel for the respondent no. 3.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 17.06.2018 registered as Case Crime No. 212 of 2018, u/s 363 I.P.C., P.S.- Asmouli, District- Bheem Nagar (Sambhal).
In compliance of the order of this Court dated 18.09.2018, the petitioners as well as the respondent no. 3 have appeared before this Court in person today.
Learned counsel for the petitioners has argued that the parties have entered into compromise as stated by him in Annexure No. 2 of the writ petition and the respondent no. 3 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case be finally decided.
The respondent no. 3, Afzal Husain stated before us that although he has entered into a compromise in this matter on account of intervention of some respectable people of the locality but the S.I. of P.S.- Asmouli, District- Sambhal is threatening to implicate him in a case for lodging a false F.I.R. in the case in which he entered into a compromise.
In view of the fact, the petitioners and respondent no. 3 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), the proceedings of the Case Crime No. 212 of 2018, under Section 363 I.P.C., P.S.- Asmouli, District- Bheem Nagar and the impugned F.I.R. are hereby quashed.
The present writ petition is accordingly allowed.
However, we make it clear that since the dispute between the parties has been amicably settled, no criminal case against the petitioners shall be drawn.
Order Date :- 24.9.2018 KS