Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10472 of 2018 Petitioner :- Dosh Mohammad And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Varun Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Short counter affidavit filed today is taken on record.
Heard Sri Dinesh Varun, learned counsel for the petitioners, Sri S.A. Imam, learned counsel for the respondent no.3 and Sri N.K. Verma, learned AGA for the State and perused the record.
This petition has been filed by the petitioners with a prayer not to arrest the petitioners in Case Crime No.255 of 2018 under sections 307, 452, 323, 504 IPC and sections 30, 5/27 Arms Act, P.S. Surajpur, district Gautambudh Nagar.
It has been contended by learned counsel for the petitioners that the petitioner nos. 1 is the real brother of the respondent no.3 and petitioner nos. 2 and 3 are also real brothers. An FIR has been lodged against them by the respondent no. 3 for the offence in question and it is a case of no injury and the compromise has taken place between the petitioners and the respondent no. 3 outside the Court.
Sri Sri S.A. Imam, learned counsel for the respondent no. 3 has admitted the fact of the compromise and submits that the respondent no. 3 has no objection if the FIR is quashed. The said fact has been mentioned in paragraph nos. 2 of the short counter affidavit.
In view of the aforesaid fact that the dispute is between the two brothers, it is a case of no injury, both of them have amicably settled the dispute outside the Court and the respondent no. 3 has also no objection if the FIR is quashed, this petition is allowed and the FIR is hereby quashed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018 AU