Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 3961 of 2019 Petitioner :- Santoshi Upadhyay @ Santosh Kumar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Balbeer Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1 and 2; Sri Amit Kumar Singh, learned counsel for the respondent no. 3.
The instant petition seeks quashing of the first information report dated 26.1.2019 registered as case crime no 0033 of 2019, Police Station- Jagner, District-Agra, under Section 384, 504, 507 I.P.C.
The quashing of the first information report has been sought on the ground that a money dispute arose between the parties and that dispute has been settled amicably, therefore, the informant, does not wish to pursue the matter against the petitioner.
On 14.2.2019 after considering the submission of the learned counsel for the parties, the Court passed following order:-
"Shri Amit Kumar has put appearance on behalf of respondent no. 3 (Dinesh Kumar)/informant and filed short counter affidavit today in the Court, is taken on record.
This writ petition has been filed for quashing the F.I.R. dated 26.01.2019 registered as Case Crime No. 033 of 2019, under Sections 384, 504 and 507 I.P.C., Police Station- Jagner, District- Agra.
In the F.I.R. in substance the allegation has been made that the informant was driver of truck bearing no. UP-83-AT-9010 and his vehicle was coming from Sarmathura Badi Rajasthan on 25.01.2019. The accused Santoshi Upadhyay, Sonu, Pintu @ Radhey Shyam, Vishnu tried to stop his vehicle which was not stopped by him then on telephone the accused demanded Rs. 5000/- and threatened him. On which he stopped the vehicle at petrol pump Jagner then the aforesaid accused came there and tried to extract money by giving a fabricated bill.
Learned counsel for petitioners submits that F.I.R. has been lodged on false allegation and now the matter has been settled with the first informant in this case.
It is provided that the parties may file a written compromise before the Magistrate concerned who shall verify the written compromise and submit report before this Court. Parties are given liberty to file a certified copy of the written compromise as well as the order relating to verification in this writ petition.
List in the week commencing 22.04.2019 before appropriate Bench. The case is released from the order of assignment.
Till the next date of listing, no coercive action shall be taken against the petitioners in Case Crime No. 033 of 2019, under Sections 384, 504 and 507 I.P.C., Police Station- Jagner, District- Agra."
Pursuant to the order dated 14.2.2019 a supplementary affidavit has been filed annexing therewith joint affidavit of the accused as well as informant filed in the Court of Additional Chief Judicial Magistrate, III, Agra wherein it is stated that the informant no longer wishes to pursue the matter against the accused. By order dated 26.2.2019 the Additional Chief Judicial Magistrate, Agra has verified the compromise between the parties.
As the compromise has been verified by the court concerned, as per the direction of this Court dated 14.2.2019, and the counsel for the informant states that informant does not wish to press his case against the petitioners, we deem it appropriate to allow this petition and quash the first information report dated 26.1.2019 in view of law laid down by the Hon'ble Apex Court in Gian Singh Vs. State of Punjab (2012) 10 SCC 303 upon being satisfied that the incident narrated in the impugned F.I.R. had no substantial impact on society and it arose from a private dispute between the parties. Accordingly, first information report dated 26.1.2019 registered as case crime no 0033 of 2019, Police Station- Jagner, District-Agra, under Section 384, 504, 507 I.P.C. is hereby quashed.
There is no order as to costs.
Order Date :- 29.4.2019 A. Pt. Singh