Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1171 of 2019 Petitioner :- Nasim Asdak Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd Haris Khan Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Ms. Surabhi, holding brief of Sri Mohd. Haris Khan, learned counsel for the petitioner, Sri K.K. Singh, learned Counsel for the informant and learned AGA.
The instant petition seeks quashing of the First Information Report dated 24.02.2018 in Case Crime No. 0041 of 2018 under Section 420,467,468,471, 120B, 504 and 506 of IPC, P.S.
Sakaldiha, district, Chandauli.
Learned Counsel for the petitioner submits that the parties have entered into compromise, copy of which has been filed as Annexure-2 to this petition.
A prima facie perusal of the FIR discloses commission of cognizable offences, but the FIR is sought to be quashed on the ground of a recorded settlement between the respective parties.
Whether the parties have entered into a compromise/settlement or not, is an issue which needs to be ascertained by examining the victim and other parties concerned before the Investigating Officer concerned.
Learned AGA rightly submits that it would be in the fitness of things if the petitioner is relegated to place his compromise/settlement before the Investigating Officer, who after examining the parties, shall submit a report under Section 173(2) Cr.P.C.
In the event, the Investigating Officer does not extend necessary co-operation, it shall be open for the petitioner to approach the SSP/SP concerned who shall be obliged to pass appropriate orders.
With the above observations, the writ petition is disposed of.
It is clarified that the above liberty would be available only in the event the police has not submitted a report under Section 173(2) of the Code.
Order Date :- 22.1.2019 Shahid