Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2139 of 2019 Petitioner :- Neeraj Nagar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Uma Nath Pandey, learned counsel for the petitioner, Sri A.N. Mulla, learned A.G.A. for the State and Sri Shiv Ram Dubey & Sri Ashok Tripathi, learned counsel for the respondent no.3.
The instant petition seeks quashing of the First Information Report dated 26.6.2018 lodged by respondent no. 3 against the petitioner as Case Crime No. 480 of 2018 under Sections 420, 467, 468, 471 I.P.C. Police Station Kasana, District Gautam Buddh Nagar, on the ground of settlement /compromise.
Whether 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 I.O. concerned. The learned A.G.A. rightly submits that it would be in the fitness of things if the petitioner is relegated to place his compromise/settlement before the I.O. concerned, who after examining the parties, shall submit a report under Section 173 (2) Cr.P.C.
In the event the I.O. concerned does not extend necessary cooperation, it shall be open for the the petitioner to approach the 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 :- 29.1.2019 Ram Murti