Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 29862 of 2018
Petitioner :- Devaki Nand Upadhyay And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Kamlesh Kumar Dwivedi
Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State.
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 17.12.2016 registered as Case Crime No. 391 of 2016, under Sections 420, 467, 468, 323, 504, 506, 406 and 307 I.P.C., P.S.-Dauki, District-Agra.
Learned counsel for the petitioners has argued that the parties have entered into compromise and the matter has been compromised. It is further submitted that 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.
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. 391 of 2016, under Sections 420, 467, 468, 323, 504, 506, 406 and 307 I.P.C., P.S.-Dauki, District-Agra and the impugned F.I.R. are hereby quashed.
The present writ petition is accordingly disposed of.
Order Date :- 26.10.2018 AKT