Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25810 of 2019 Petitioner :- Sanjeev Som And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.C.Srivastava Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 to 3; Sri Nitin Srivastava for the respondent no.4; and perused the record.
The instant petition seeks quashing of the first information report dated 03.12.2018 registered as Case Crime No. 1337 of 2018, under Sections 498A, 323, 504, 506, 376, 377, 354 I.P.C. and section 3/4 D.P. Act, P.S.
Kankarkheda, District Meerut.
The allegations made in the impugned first information report disclose commission of cognizable offences. However, the learned counsel for the petitioners submits that parties have entered into a compromise.
In matters where a compromise has taken place during the course of investigation, the investigating officer can record the statement of the persons concerned including the victim. In case no evidence is forthcoming for prosecuting the accused, the Investigating Officer may submit a closure report as per law. But, whether a compromise has taken place or not and whether the parties are willing to lead evidence or not is to be determined after ascertaining whether such compromise has indeed taken place or not and whether it is with free consent, that is no fraud, coercion or undue influence has been played upon the parties.
As these are questions of fact, we deem it appropriate to dispose off this petition by observing that the Investigating Officer of the case shall examine the aforesaid aspects, after recording the statements, and submit police report as per law.
If, thereafter, the petitioners have any grievance, they would be at liberty to take recourse to appropriate remedy in appropriate jurisdiction.
Order Date :- 18.12.2019 Sunil Kr Tiwari