Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22035 of 2019 Petitioner :- Ramesh Pal And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Girja Shanker Sen,Krishna Dutt Awasthi Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Krishna Dutt Awasthi learned counsel for the petitioners and the learned A.G.A.
The instant petition seeks quashing of the First Information Report dated 1.12.2018 registered as case crime No. 701 of 2019, under Sections 498A, 323 IPC, P.S. Aonla, District Bareilly.
Learned counsel for the petitioners submits that divorce by mutual consent between petitioner No. 1 and respondent No. 3, under Section 13-B of the Hindu Marriage Act, 1955 came to be decreed on 11.2.2019 but the petitioners are being harassed in respect of the above FIR, the dispute in question has been amicably settled between the parties, no offences are made out, FIR is liable to be quashed.
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 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 petitioners are relegated to place their 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 petitioners to approach the S.S.P / S.P 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 :- 27.9.2019/AS