Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2185 of 2019 Petitioner :- Jahirul Hassan And 13 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bal Krishna Rai Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Power of Sri Kamlesh Kumar Singh on behalf of informant is taken on record.
Compromise affidavit filed is taken on record.
Heard Sri Bal Krishna Rai, learned counsel for the petitioners and Sri A.N. Mulla, learned A.G.A. for the State.
The instant petition seeks quashing of the First Information Report dated 24.2.2018 lodged against the petitioners as Case Crime No. 41 of 2018 under Sections 420, 467, 468, 471, 120- B, 504, 506 I.P.C. Police Station Sakaldiha, District Chandauli, on the basis of compromise/settlement.
Whether parties have entered into a compromise/settlement or not, is an issue which needs to be ascertained by examining the victim and other parties concerned before the I.O. concerned. The learned A.G.A. rightly submits that it would be in the fitness of things if the petitioner is relegated to place his compromise/settlement before the I.O. concerned, who after examining the parties, shall submit a report under Section 173 (2) Cr.P.C.
In the event the I.O. concerned does not extend necessary cooperation, it shall be open for the petitioner to approach the SP concerned, who shall be obliged to pass appropriate orders.
With the above observations, the writ petition is disposed of.
It is clarified that the above liberty would be available only in the event the police has not submitted a report under Section 173 (2) of the Code.
Order Date :- 29.1.2019/Harshita