Hon'ble Rajeev Singh,J.
Heard Shri Dilip Mani, learned Counsel for the petitioner, Sri S.P. Singh, learned AGA for the State/respondents no. 1 to 3 and Sri Sumit Srivastava, learned Counsel for the respondent no.4.
This petition has been filed by the petitioners, Deepankar Pandey, Smt. Nisha Pandey, seeking to quash the First Information Report registered as F.I.R. No. 0422 of 2020, under Sections 406, 420, 504, 506 I.P.C., Police Station Nawabganj, District Gonda.
Affidavit filed on behalf of respondent no.4 is already on record.
Learned Counsel for the petitioners has submitted that the parties have amicably settled the dispute outside the Court and entered into a compromise on 11.12.2020, a copy of which has been annexed as Annexure No. 2 to the affidavit filed on behalf of respondent no.4. Now, the respondent no.4/complainant has no grievance with the petitioners, hence the impugned F.I.R. be quashed on the basis of compromise entered into between the parties.
Learned Counsel for the respondent no.4 has also admitted the aforesaid fact and has submitted that amicable settlement has been arrived between the parties and respondent no.4 has filed a copy of the compromise dated 11.12.2020 vide Annexure No.2 to the affidavit.
At this stage, learned AGA, on the basis of written instructions dated 25.01.2021 received from Shri Madan Lal Gautam, Sub-Inspector, Police Station Nawabganj, District Gonda, has submitted that Investigation Officer has informed him that a compromise has been entered into between the parties.
The written instructions dated 25.01.2021 is taken on record.
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 Vs. State : (2008)16 SCC 1 and Nikhil Merchant vs. Central Bureau of Investigation & another : 2008 (9) SCC 677 that this Court in exercise of its inherent power under Article 226 of the Constitution of India can quash the F.I.R., we, accordingly, quash the impugned FIR and allow the writ petition.
There shall, however, be no order as to costs.
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(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 3.2.2021 Ajit/-