Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 5678 of 2021 Petitioner :- Seema Dhawan Respondent :- State Of U.P Counsel for Petitioner :- Subhash Chand Counsel for Respondent :- Navin Kumar
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard learned counsel for the petitioners and the learned AGA for the State.
The present writ petition has been filed by the petitioners, praying for quashing of the First Information Report, registered as Case Crime No. 19 of 2021 under Section 406, 506 IPC, PS Medical College, District Meerut and further to direct the respondents not to take any coercive action against the petitioners during pendency of investigation of the said case.
It is submitted by learned counsel for the petitioners that after lodging of the impugned FIR, there has been a compromise between the petitioners and respondent no. 4. The compromise has been reduced to writing, a copy whereof has been brought on record as annexure 2. It is pointed out that the petitioners have already paid Rs. 2 lakhs and the remaining amount of Rs. 4.25 lakhs will be paid very soon. It is urged that in such circumstances, the FIR be quashed.
Learned counsel for respondent no. 4 does not dispute that the parties have settled their dispute outside court by means of a written settlement. He submitted that the parties be permitted to file the compromise before the investigating officer, who may do needful in the matter. Learned AGA also makes the same submission.
Accordingly, the writ petition is disposed of by providing that the petitioners shall file the compromise in question before the second respondent along with a true attested copy of the instant order. The second respondent shall forward the same to the investigating officer. The investigating officer after due verification of the compromise shall proceed to take further action in the matter in relation to submission of report under Section 173(2) CrPC within next six weeks.
(Mohd. Aslam, J.) (Manoj Kumar Gupta, J.) Order Date :- 13.8.2021 Jaideep/-
Digitally signed by Manoj Kumar Gupta Date: 2021.08.13 15:09:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by MOHAMMAD ASLAM Date: 2021.08.13 15:13:30 IST Reason: Document Owner Location: High Court of Judicature at Allahabad