This petition is filed seeking a direction to the respondent to register a case based on the complaint lodged by the petitioner dated 11.04.2017 and investigate the same.
2. Petitioner's complaint dated 11.4.2017 is reported to have been closed on the ground that the parties have entered into compromise. However, it is brought to the notice of this Court that the compromise arrived at between the parties has been disputed by the person named in the FIR.
3. In view of the same, it would be appropriate to direct the respondent to register the petitioner's complaint by following the direction stated hereunder.
1) If the information received by the respondent discloses commission of a cognizable offence, then, the same shall be forthwith registered.
2)If an information received does not disclose a cognizable offence, the respondent shall conduct a preliminary inquiry to ascertain whether cognizable offence is disclosed therein or not and such inquiry shall be completed within a period of seven days from the date of information.
3) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered, if not already registered or closed.
4) If the preliminary inquiry ends in closing the complaint, the disclosure report must be recorded along with the reasonings and a copy of the same shall be furnished to the complainant within one week.
5)All information relating to cognizable offences whether resulting in registration of FIR or leading an inquiry must be reflected in the general diary/station diary/daily diary of the respondent's police station.
5.In the result, the Criminal Original Petition is allowed with the above directions.