Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15587
of 2019
Petitioner :- Harendra Yadav
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amar Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
A short counter affidavit has been filed on behalf of opposite party no.3 in Court today is taken on record.
Heard learned counsel for the petitioner, Sri Charan Singh, learned counsel for the opposite party no. 3 and learned A.G.A. for the State.
The present petition has been filed for quashing the F.I.R. registered as case crime no. 163 of 2019, under Section 323, 504, 506, 354 IPC, P.S. Kayamganj, District Fatehgarh (Farrukhabad).
Learned counsel for the petitioner has argued that the and as the matter has been compromised, therefore, the present case be finally decided.
Learned counsel for opposite party no. 3 has not disputed the facts as stated by the learned counsel for the petitioner. He further contended opposite party no. 3 does not want to proceed with the present case against the petitioner and the same may be allowed and in this regard he placed reliance upon paragraph no. 3 of the short counter affidavit filed today.
Since it has been informed that first informant Geeta Devi is present before the Court, the court proceeds to examine her.
Accordingly, the Court has examined the girl, who has made a statement before this Court that her name is Geeta Devi. She has also made a statement that "jo humne mukadma kiya tha usko khatam karna chahte hai".
In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter is purely of personal nature, which has been mutually settled between the parties in view of the compromise, no useful purpose would be served in proceeding with the matter further.
Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in (2012) 10 SCC, 303; Gian Singh Vs. State of Punjab and 2014 AIR SCW 2065; Narinder Singh and others Vs. State of Punjab and Another, the proceedings of the aforesaid case is hereby set aside.
The present writ petition is accordingly allowed as prayed. The aforementioned F.I.R. is quashed. Consequences to follow.
Order Date :- 31.5.2019 Ujjawal