Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 24525 of 2019
Petitioner :- Mohammad Sameer And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Waseem Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Rajendra Kumar-IV,J.
Heard Mohammad Waseem, learned counsel for the petitioner, Sri Rajesh Kumar Verma, learned counsel for the first informant and Sri Patanjali Mishra, learned AGA appearing for the State and perused the record.
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. which has been registered as Case Crime No.428 of 2019, under Sections 452, 323, 506, and 427, IPC, Police Station Prem Nagar, District Bareilly.
Sri Rajesh Kumar Verma, learned counsel for the first informant has filed a short counter affidavit on behalf of the respondent no.4/first informant, and the affidavit is that of respondent no.4 itself and in paragraph no.2 of the said short counter affidavit it has been categorically mentioned that respondent no.4 does not wants to proceed further in the FIR dated 09.11.2019, registered against the petitioners in Case Crime No.428 of 2019, under Sections 452, 323, 506, and 427, IPC, at Police Station Prem Nagar, District Bareilly, as a compromise took place in betwen the petitioners and respondent no.4 on 17.11.2019. In paragraph no.6 of the writ petition it has been mentioned that it is no injury case.
The learned AGA appearing for the State does not disputed the aforesaid facts as argued by the counsel for the respondent no.4.
In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter is purely of personal nature, which has been mutually settled between the parties in view of the compromise dated 17.11.2019, no useful purpose would be served in proceeding with the matter further.
Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in (2012) 10 SCC, 303; Gian Singh Vs. State of Punjab and 2014 AIR SCW 2065; Narinder Singh and others Vs. State of Punjab and Another, the proceedings of the aforesaid case is hereby set aside.
The present writ petition is accordingly allowed.
Order Date :- 28.11.2019 VKG