Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37959 of 2018 Petitioner :- Furkan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Mohd. Khalid Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Sri Anand Kumar Srivastava, learned counsel for respondent no.3 has filed his power and short counter affidavit which are taken on record.
Heard Sri Syed Mohd. Khalid, learned counsel for the petitioners, Sri Pawan Shukla, learned A.G.A. for the State, Sri Anand Kumar Srivastava, learned counsel for respondent no.3 and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 10.12.2018 registered as case crime no.199 of 2018 under sections 295A, 343 IPC, police station Sirauli, District Bareilly.
Learned counsel for the petitioners submits that the dispute in question has been compromised between the parties as on account of some political pressure, the present FIR was lodged by respondent no.3 against the petitioners.
Learned counsel for the private respondent admitted the said fact as has been stated in paragraph nos. 3 to 7 of the short counter affidavit.
Learned A.G.A. opposed the prayer for quashing of the FIR but could not dispute the aforesaid fact as argued by learned counsel for the parties.
It is very alarming that such an incident has taken place and the complainant has made allegations against very members of the ruling political party as well as Vishwa Hindu Parishad.
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, we are of the view that this court in exercise of its extraordinary power under Article 226 of the Constitution of India can quash the proceeding as the dispute between the parties has been compromised.
Hence, considering the facts and circumstances of the case and nature of offence, the proceedings of the aforesaid case are hereby quashed.
The informant is warned not to repeat such act in future. The writ petition stands allowed.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018 Madhurima