Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15517 of 2019 Petitioner :- Mahendra Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kandarp Srivastava,Kaustubh Srivastava Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Counter affidavit filed on behalf of respondent no. 3, is taken on record.
Heard learned counsel for the petitioner, Sri Pawan Kumar, learned counsel for the respondent no. 3 and Sri V.K. Pandey, learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. dated 09.05.2019, which has been registered as Case Crime No. 304 of 2019, under Sections 323, 325, 504, IPC, Police Station Nauchandi, District Meerut.
Learned counsel for the petitioner submitted that respondent no. 3, who is the first informant, has settled the dispute through the compromise dated 16.5.2019. She is not willing to proceed the case.
Learned counsel for the petitioner further submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioner; that the matter has been settled between the parties by means of a compromise dated 16.5.2019; that apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Sri Pawan Kumar, learned counsel for the respondent no. 3, has not disputed the facts of compromise dated 16.5.2019 settled between the parties.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, the writ petition is allowed. The FIR dated 09.05.2019, which has been registered as Case Crime No.
304 of 2019, under Sections 323, 325, 504, IPC, Police Station Nauchandi, District Meerut is hereby quashed.
Order Date :- 31.5.2019 Puspendra