Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13948 of 2018 Petitioner :- Shashibhusan Yadav And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jitendra Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri J.K. Yadav, learned counsel for the petitioner, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 27.4.2018 registered as case crime no. 34 of 2018 under sections 147, 452, 308, 506, 323 I.P.C. and 7 C.L.A. Act, police station Sukhpura, District Ballia.
Learned counsel for the petitioners submits that there are cross version of the incident. The parties have entered into a compromise outside the Court, hence the present F.I.R. is liable to be quashed by this Court on the basis of compromise arrived at between the parties.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
The investigating officer of the present case shall take into account the fact that the parties have entered into compromise and concluded the investigation of the present case and submit the police report before the court concerned in accordance with law.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.5.2018 Shiraz