Hon'ble Rajeev Singh,J.
Heard Sri A.K. Vishwakarma, learned counsel for the petitioner, Sri S.P. Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 27.02.2019 registered as case crime no. 118 of 2019 under sections 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, police station Hazratganj, District Lucknow.
On 22.01.2021, when the matter was taken up, we passed the following order:-
"Heard learned counsel for the parties and perused the F.I.R. as well as material available on record.
The present writ petition has been filed by the petitioner, seeking quashing of the First Information Report of Case Crime No.0118 of 2019, under Sections 2/3 U.P. Gangster Act, Police Station Hazratganj, District Lucknow with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioner states that only on the basis of one single case, the impugned F.I.R. has been registered under Sections 2/3 U.P. Gangster Act and in the said case, the compromise has been happened between the parties and the same has also been verified under Section 406, 420 I.P.C. He further states that the said case has also been challenged by the petitioner in Case No.1291(u/s 482 Cr.P.C.) of 2020 and on 27.02.2020, the said compromise was also sent for verification and the report of the same has already been submitted (copy of the said report is appended at page 62 of the writ petition).
Let the matter be connected with the Criminal Misc. Case No.1291(u/s 482 Cr.P.C.) of 2020.
In the meanwhile, the learned A.G.A. shall verify about the compromise entered between the parties and submit a report of the same before this Court.
Let the matter be listed again on 11.02.2021.
Till the next date of listing, no coercive steps shall be taken against the petitioner. "
Today, learned A.G.A. has not disputed the fact of compromise entered into between the parties in case crime no. 453 of 2018 under sections 406, 420 I.P.C., police station Hazratganj, District Lucknow on the basis of which the impugned F.I.R. has been lodged against the petitioner under the said Act. He submits that though in the said case charge-sheet has been submitted and the proceeding of the said case is under challenge before this Court in connected 482 Cr.P.C. Application No. 1291 of 2020 but in the present case, the investigation is pending.
Learned counsel for the petitioner submits that as in the single case which has been shown against the petitioner and is also the basis for lodging the impugned F.I.R., the dispute has been compromised between the parties of the said case and the same has been verified by the Chief Judicial Magistrate, Lucknow vide order dated 9.11.2020 copy of which is annexed as annexure-7 to the present petition, the impugned F.I.R. is liable to be quashed.
Learned A.G.A. could not dispute the aforesaid fact as has been argued by learned counsel for the petitioner.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we are of the view that the submissions advanced by learned counsel for the petitioner appear to have force and a case for interference of this Court is made out. As in the single case on the basis of which impugned F.I.R. has been lodged against the petitioner, a compromise arrived at between the parties and the same has been verified by the C.J.M., Lucknow, we deem it proper to quash the impugned F.I.R. and the same is hereby quashed.
Accordingly, the writ petition stands allowed.
(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 11.2.2021 shiraz