Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31312 of 2018 Petitioner :- Monu @ Mohan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nipun Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State- respondents and learned counsel appearing for the private-respondent.
Learned counsel for the petitioner submitted that the parties have entered into compromise and the joint affidavit of petitioner no. 1 and respondent no. 3 containing the terms of compromise has been brought on record as Annexure-2 to the writ petition. He next submitted that since the respondent no. 3 is no longer interested in proceeding against the petitioner any further in the matter, the impugned F.I.R. is liable to be quashed in terms of the compromise.
Learned counsel appearing for the private-respondent has not disputed the correctness of the submission advanced by the learned counsel for the petitioner. However, learned A.G.A appearing for the State-respondents submitted that from the perusal of the injury report, it is apparent that the petitioner has received firearm injury and the offence which is sought to be compromise is against the State and the society and the impugned F.I.R. is not liable to be quashed in terms of the compromise.
Having heard the learned counsel for the parties, we are not inclined to quash the impugned F.I.R. on the basis of the submission advanced by the learned counsel for the petitioner.
However, considering the peculiar facts and circumstances of the case, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police under Section 173 (2) Cr.P.C., subject to his extending full cooperation during investigation.
It is also made clear that in case the compromise entered into between the parties is brought to the notice of the Investigating Officer, he shall take note of it while submitting his report under Section 173(2) Cr.P.C.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 31.10.2018 Md Faisal