Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25731 of 2019 Petitioner :- Haseen Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashfaq Ahmed Ansari Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Ashfaq Ahmed Ansari, learned counsel for the petitioner, Sri A.B. Maurya, learned counsel for the informant and the learned A.G.A. for the State.
The present writ petition has been filed by the petitioner seeking quashing of the FIR dated 14.10.2018 registered as Case Crime No. 923 of 2018, under Sections 363 I.P.C., Police Station Aitmadulla, District Agra with a further prayer, not to arrest the petitioners in pursuance of the first information report.
As per the FIR version, on 12.10.2018 at around 01.30 PM, the daughter of the informant Km. Nagma aged about 17 years was enticed by Haseen Khan. It is further alleged that she tried to search her daughter but she could not be found.
A short counter affidavit has been filed by Sri A.B. Maurya, learned counsel for the informant stating therein that the parties have settled their dispute outside the court and the informant does not want to prosecute the case. It is further stated that the respondent no.3 has no grievance now.
The submission of the learned counsel for the petitioners is that even though the parties have compromised among themselves but the police are harassing the petitioner.
However, it is noted that the offence under Section 363 IPC is non-compoundable, therefore, the parties may approach the court below for redressal of their grievance.
The writ petition stands dismissed.
Order Date :- 18.12.2019 Kirti