Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 3903 of 2021 Petitioner :- Dinesh Yadav And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Singh Sengar Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners and learned AGA for the State.
The present writ petition has been filed by the petitioners, praying for quashing of the First Information Report, registered as Case Crime No. 66 of 2021, under Sections 420, 406, 323, 504, 506 IPC and Section 3(1)(Da), 3(1) (Dha) SC/ST Act, P.S. Dakhor, District Jalaun, with a further prayer to stay their arrest during pendency of investigation of the said case.
The sole submission of learned counsel for the petitioners is that after lodging of the FIR, there has been a compromise between the parties. The compromise has been reduced in writing and according to counsel for the petitioners, it has been sent to Superintendent of Police, Jalaun. A copy of the said compromise has been brought on record as annexure-2 to the writ petition.
Sri Prashant Sharma, Advocate states that he has filed his vakalatnama on behalf of the private respondent in the Registry yesterday. He admits that the compromise has taken place.
Learned AGA submitted that in case compromise has taken place, it be left open to the parties to bring the said fact to the notice of the Investigating Officer.
We find sufficient force in the submission of learned AGA.
Accordingly, liberty is reserved in favour of the petitioners to file a copy of the compromise before the Investigating Officer along with a true attested copy of the instant order and in which event he shall examine the same and satisfy himself as to its genuineness and thereafter take the same into consideration while submitting report under Section 173(2) CrPC along with other material.
It is further provided that report under Section 173(2) CrPC shall be finalized, within a period of six weeks from the date of receipt of a copy of the instant order. Till such time final report is submitted, arrest of the petitioners in pursuance of First Information Report, registered as Case Crime No. 66 of 2021, under Sections 420, 406, 323, 504, 506 IPC and Section 3(1)(Da), 3(1)(Dha) SC/ST Act, P.S. Dakhor, District Jalaun, shall remain stayed.
(Gautam Chowdhary, J.) (Manoj Kumar Gupta, J.) Order Date :- 28.5.2021 Jaideep/-
Digitally signed by Manoj Kumar Gupta Date: 2021.05.28 13:29:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Gautam Chowdhary Date: 2021.05.28 13:30:30 IST Reason: Document Owner Location: High Court of Judicature at Allahabad