Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21893 of 2019 Petitioner :- Neeraj Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijai Kumar Tiwari Counsel for Respondent :- G.A.,Ved Prakash Mishra
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri .Vijai Kumar Tiwari, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR 28.6.2019 dated registered as Case Crime No.0106 of 2019 under section 376, 377 I.P.C. at PS. Mahila Thana, District Bareilly.
It is submitted by learned counsel for the that the dispute has been amicably settled between the parties, no offences are made out, FIR be quashed.
Per contra, the learned A.G.A has opposed the submission on the ground that in view of the judgement of Ho'ble Apex Court in The State of Madhya Pradesh vs. Laxmi Narayan and others vs. AIR 2019 SC 1296, heinous offences cannot be quashed in view of compromise as they are against the society.
Considering the rival submissions and the materials brought on record this Court is of the view that the protection can be granted to the petitioner from coercive measure till such time the police report under section 173(2) Cr.P.C. is filed.
We dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 26.9.2019/Rk