Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24427 of 2018 Petitioner :- Jagdish And 2 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Jitendra Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Counter affidavit has been filed by Sri Akhilesh Mishra holding brief of Sri Pankaj Kumar, learned counsel for the respondent no. 3 which is taken on record.
Heard Sri Jitendra Singh, learned counsel for the petitioners, Akhilesh Mishra holding brief of Sri Pankaj Kumar, learned counsel for the respondent no. 4 and Sri N.K. Verma, learned AGA for the State and perused the record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 15.7.2018, Case Crime No. 217 of 2018 under sections 354 I.P.C., police station Kundarki, District Moradabad.
It has been contended by learned counsel for the petitioners that respondent no. 3 is the real sister-in-law of petitioner no. 1 and other petitioners are close relatives of petitioner no. 1. He submits that petitioner no.1 and respondent no. 3 who is the informant of the case have amicably settled their dispute outside the Court and entered into a compromise, hence present FIR lodged against the petitioners be quashed by this Court on the basis of compromise entered into between the parties.
Learned counsel for the respondent no. 3 has admitted the fact of the compromise and submitted that the respondent no. 3 is ready to withdraw the prosecution of the petitioners and in view of the compromise no fruitful purpose would be served if the prosecution is allowed to go on.
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 writ petition stands allowed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018 Shiraz