Court No. - 65
Case :- CRIMINAL MISC. WRIT PETITION No. - 5372 of 2019 Petitioner :- Saleem Ahmad And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Zulfikar Ali,Rizwan Ahmad(Qureshi) Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Ifaqat Ali Khan,J.
This writ petition has been filed seeking the quashing of F.I.R. dated 6.12.2018 registered as Case Crime No. 0593 of 2018, under Sections 147, 148, 149, 307, 324,504 and 506 IPC, P.S.- Dhampur, District-Bijnor on the basis of compromise between the parties. It has been further prayed that the respondent nos. 2 and 3 may be directed to close the case and not to arrest the petitioners pursuant to aforesaid FIR dated 6.12.2018.
Learned counsel for the petitioners submits that the matter has been amicably settled in between the parties on the basis of compromise and they have decided to bury the dispute. In this regard reliance has been placed upon Annexure-5 to the present writ petition which is an affidavit filed on behalf of respondent no.4 in which the factum of compromise has been affirmed. Submission is that in this view of the matter at any rate, the arrest of the petitioners is not called for. Certain other contentions have also been raised by the petitioners' counsel which relate to disputed questions of fact.
Heard learned AGA and perused the record.
Though at this stage on the basis of single affidavit filed on behalf of respondent no.4 this Court does not feel persuaded to quash the impugned FIR but in the conspicuous facts and circumstances of the case and the nature of allegations and also keeping in view the various contentions raised on behalf of the petitioners, this Court deems it proper to direct that the petitioners shall not be arrested in above mentioned case till the submission of the police report u/s 173(2) Cr.P.C. provided they shall co- operate with the investigation of the case.
It is clarified that this order has been passed only with regard to the accused on behalf of whom this writ petition has been moved in this Court.
With the aforesaid observations this writ petition is finally disposed off.
Order Date :- 26.2.2019 CPP/-