Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22062 of 2019 Petitioner :- Javed And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aditya Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Counter affidavit and vakalatnama filed today by Sri Ram Raj Pandey, Advocate on behalf of the informant is taken on record.
Heard Sri Aditya Prasad Mishra, learned counsel for the petitioners, Sri Ram Raj Pandey, learned counsel for the informant and Sri A.N. Mulla, learned A.G.A.
The instant petition seeks quashing of the First Information Report dated 14.7.2019 in Case Crime No. 226 of 2019, under Sections 354, 354- Kha, 506, 452, 504, 323 IPC, P.S. Singhawali Aheer, District- Baghpat.
A prima facie perusal of the FIR discloses commission of cognizable offences but the FIR is sought to be quashed on the ground of a recorded settlement between the respective parties.
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 S.S.P / S.P concerned 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 :- 27.9.2019 A. Pt. Singh