Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 4796 of 2019 Petitioner :- Satinder Singh Bhasin @ Montu Bhasin Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Shukla Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Sushil Shukla, learned counsel for the petitioner, Sri D.K Rai for the informant and the learned A.G.A.
The instant petition seeks quashing of the First Information Report dated 27.9.2018 registered as Case Crime No.813/2018, under Sections 406/420/467/468/471/504/506/120-B IPC, P.S. Kasna, Gautam Budh Nagar.
Learned counsel for the parties do not dispute that in between them, an amicable settlement has taken place.
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 informant 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 petitioner is relegated to place his 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 petitioner, who is reported to be in jail, or his authorized representative, to approach the S.S.P / S.P concerned who shall be obliged to pass appropriate orders forthwith.
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 :- 21.2.2019 Chandra