Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37948 of 2018 Petitioner :- Mohd Saud And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd Nasir Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Mohd. Nasir, learned counsel for the petitioners, Sri Irshad Ahmad, learned counsel for the respondent no. 3 as well as Sri Pawan Shukla, learned AGA for the State and perused the record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 29.8.2018, Case Crime No. 473 of 2018 under sections 420, 467, 468, 471, 406 I.P.C., police station Nakhasa, District Bheem Nagar (Sambhal).
It has been contended by learned counsel for the petitioners that the F.I.R. was lodged from both the side. He further submitted that the dispute between the parties have amicably settled their dispute outside the Court and entered into a compromise and has given the joint affidavit for the same before the S.S.P. concerned, hence present FIR lodged against the petitioners be quashed by this Court on the basis of compromise entered into between the parties. He further submitted that one of the F.I.R. which was lodged from the side of the respondent no. 3 against the petitioners was quashed by this Court vide order dated 18.12.2018 in Writ Petition No. 37122 of 2018, hence, the present F.I.R. be also quashed.
Learned counsel for the respondent no. 3 has admitted the fact of the compromise and submitted that the respondent no. 3 is ready to withdraw the prosecution of the petitioners and in view of the compromise no fruitful purpose would be served if the prosecution is allowed to go on.
From the perusal of the record it is apparent that parties have entered into compromise and have settled their dispute amicably.
Considering the facts and circumstances of the case, we are of the view that this court in exercise of its extraordinary power under Article 226 of the Constitution of India can quash the proceeding as the dispute between the parties has been compromised.
Hence, considering the facts and circumstances of the case and nature of offence, the proceedings of the aforesaid case are hereby quashed.
The writ petition stands allowed.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018 Manoj