Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13968 of 2018 Petitioner :- Rahul Yadav And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ray Sahab Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Short counter affidavit along with vakalatnama has been filed by Sri Jalaj Kumar Kushwaha on behalf of respondent no. 4 which are taken on record.
Heard Sri R.S. Yadav, learned counsel for the petitioners, Sri Jalaj Kumar Kushwaha, learned counsel for the respondent no. 4, Sri N.K. Verma, 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 10.5.2018 registered as case crime no. 245 of 2018 under sections 323, 504, 506, 308 I.P.C. and 3 (2) (v) S.C./S.T. Act, police station Kotwali, District Jhansi.
Learned counsel for the petitioners submits that the parties have entered into a compromise outside the Court, hence the present F.I.R. is liable to be quashed by this Court on the basis of compromise arrived at between the parties.
Learned counsel for the respondent no. 4 admitted the fact of compromise entered into between the parties.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co- operate with the investigation of the case.
The investigating officer of the present case shall take into account the fact that the parties have entered into compromise and concluded the investigation of the present case and submit the police report before the court concerned in accordance with law.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.5.2018 Shiraz