Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 410 of 2019 Petitioner :- Chand And 16 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 19.03.2018 registered as Case Crime No.103 of 2018, under Section 147, 148, 149, 307, 352, 353, 332, 336 IPC, P.S. Mundali, District Meerut.
It is not the case of the petitioners that the first information report does not disclose commission of cognizable offences but quashing of the first information report has been sought on account of compromise between the parties.
In matters concerning offences such as attempt to murder, ordinarily the prosecution is not to be quashed on the basis of compromise. But, where, on account of the parties entering into a compromise no evidence is forthcoming to prove that an offence punishable under Section 307 IPC has been committed, it is always open to the Investigating Officer to record the statement of the witnesses and to submit a report accordingly.
In view of the above, without expressing any opinion on the merits of the claim of the petitioners as also whether there is material or not to suggest that an offence punishable under Section 307 IPC has been committed, this petition is disposed off by giving liberty to the parties to get their statements recorded by the investigating officer, whereafter, the investigation shall submit report as per law, if already report under Section 173(2) Cr.P.C. has not been submitted.
Order Date :- 22.1.2019 AKShukla/-