Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 36904 of 2018 Petitioner :- Kapil And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyam Narayan Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
Shri Rajesh Mishra, Advocate, has put in appearance on behalf of respondent No.3. The same is taken on record.
Heard learned counsel for the petitioners, Shri Rajesh Mishra, learned counsel for respondent No.3 and the learned AGA for the State.
This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime No.0140 of 2018, under Sections 498A, 323, 504, 506, 376, 511, 354, 307, 377 IPC and 3/4 of D.P. Act, Police Station- Kithore, District Meerut.
Learned counsel for the petitioners submitted that there is a matrimonial dispute between husband and wife on account of which entire family members have been implicated in the present case on the basis of general allegations. It has further been stated that the FIR dated 1.4.2018 may be quashed as the parties have entered into a comprise.
Shri Rajesh Mishra, learned counsel appearing on behalf of respondent No.3, has not disputed the said fact.
In view of the facts and circumstances, keeping in view the statement that the parties have entered into a compromise, no purpose would be served in permitting the investigation to continue in pursuance of impugned FIR. It would be nothing but a sheer abuse of the process of law.
Accordingly, the writ petition stands allowed.
The impugned FIR dated 1.4.2018 registered as Case Crime No.0140 of 2018 under Sections 498A, 323, 504, 506, 376, 511, 354, 307, 377 IPC and 3/4 of D.P. Act, Police Station- Kithore, District Meerut, is hereby quashed.
Order Date :- 18.12.2018 LN Tripathi