Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24388 of 2018 Petitioner :- Manoj And 12 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sandeep Kumar Rai,Shyam Narain Rai Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Sri Sanjay Srivastava, Advocate, has filed his Vakalatnama along with short counter affidavit on behalf of respondent no.3 today in Court, which is taken on record.
Heard Sri S.K.Rai, learned counsel for the petitioners, Sri Sanjay Srivastava, learned counsel for the respondent no.3, Sri Irshad Hussain, learned AGA for the State and perused the record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 11.5.2018, registered as Case Crime No.232 of 2018, u/s 147, 308, 452, 323, 504, 354 I.P.C. & Section 3(1) (da)/3(1) (dha) of the S.C./S.T. (Prevention of Atrocities) (Amended) Act, 2015, P.S. Dhanghata, District Sant Kabir Nagar.
Learned counsel for the petitioners submits that the matter has been compromised between the petitioners and respondent no.3. The respondent no.3 is ready to withdraw the prosecution of the petitioners and in view of the said compromise, no fruitful purpose would be served if the prosecution is allowed to go on.
Learned counsel for the respondent no.3 who is the informant of the case has admitted the fact of compromise entered into between the parties and states that he has no objection if the present FIR is quashed by this Court.
Considering the submissions made by learned counsel for the parties, we do not find any ground to interfere in the matter. However, the Investigating Officer of the case is directed to look into the compromise entered into between the parties, who shall submit police report before the competent court in accordance with law within one month from today.
For the period of one month or till submission of police report u/s 173(2) Cr.P.C., no coercive action shall be taken against the petitioners in the aforesaid case.
The S.P. Sant Kabir Nagar shall ensure that Investigating Officer concerned submits proper police report before the competent court.
With the aforesaid directions, this writ petition is finally disposed of.
(Dinesh Kumar Singh, J.) (Ramesh Sinha, J.)
Order Date :- 5.9.2018/NS