Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5474 of 2019 Petitioner :- Generail Singh And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajiv Kumar Mishra,Shiv Kant Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1 and 2; Sri Sanjay Yadav for the respondent no.3; and perused the record.
The instant petition seeks quashing of the first information report dated 09.11.2018 registered as Case Crime No. 217 of 2018 at P.S. Barsathi, District Jaunpur under Sections 436 and 506 I.P.C. on the basis of compromise.
It appears from the record that the petitioners had earlier filed writ petition no. 33800 of 2018 for quashing of the first information report which was disposed off by refusing the prayer to quash the first information report.
The instant petition has been filed by claiming that parties have entered into a compromise and that the investigation is pending.
In matters where a compromise has taken place during the course of investigation, the investigating officer can record the statement of the persons concerned including the victim. In case no evidence is forthcoming for prosecuting the accused, the Investigating Officer is free to submit a closure report. But, whether a compromise has taken place or not and whether the parties are willing to lead evidence or not is to be determined after ascertaining whether such compromise has indeed taken place or not and whether it is with free consent, that is no fraud, coercion or undue influence has been played upon the parties.
As these are questions of fact, we deem it appropriate to dispose off this petition by observing that the Investigating Officer of the case shall examine the aforesaid aspects, after recording the statements, and submit police report as per law.
If, thereafter, the petitioners have any grievance, they would be at liberty to take recourse to appropriate remedy in appropriate jurisdiction.
Order Date :- 28.2.2019 Sunil Kr Tiwari