Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 1504 of 2021 Petitioner :- Gurdeep Pal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahesh Kumar Kuntal Counsel for Respondent :- G.A.
Hon'ble Sanjay Yadav,J. Hon'ble Prakash Padia,J.
Short counter affidavit filed by respondent no.3 is taken on record.
The petitioner by way of present petition seeks the following direction:
i) Issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 10.01.2021 registered at case crime No. 28 of 2021 under sections 323, 504, 506 IPC and 3 (1) Da, Dha Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015), Police Station Sipri Bazar, District Jhansi.
ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners in case crime No. 28 of 2021 under sections 323, 504, 506 IPC and 3 (1) Da, Dha Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015), Police Station Sipri Bazar, District Jhansi.
When the matter was taken up, learned counsel for respondent no. 3 has filed an affidavit stating therein that the dispute between the petitioners and respondent no.3 has been amicably settled. It is also pointed out by learned counsel for the petitioners that in a cross case filed by respondent no.3 on the basis of amicable settlement arrived at between the parties, a final report was submitted by the police under section 173 (2) of the Code of Criminal Procedure, 1973.
At this stage, learned Govt. Advocate was called upon to apprise of the present status of the FIR in question.
On instructions, it is stated by the learned Govt. Advocate that a final report has been prepared and forwarded to the Authorities concerned for its presentation before the competent court of jurisdiction on 22.02.2021.
Faced with these facts, learned counsel for the petitioner prays for withdrawal of the petition with a liberty to file appropriate application, if so warranted, before the trial court.
Prayer is allowed.
Petition stands disposed of finally in above terms.
Order Date :- 7.4.2021 Madhurima (Prakash Padia, J.) (Sanjay Yadav, J.)