Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34291 of 2018
Petitioner :- Shauqat And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devendra Saini Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 16.10.2018 registered as Case Crime No. 2362 of 2018, under Sections 452, 354-B I.P.C., P.S.- Loni, District- Ghaziabad.
Learned counsel for the respondent no. 3 has argued that the parties have entered into compromise as stated by him in paragraph 12 of the writ petition and the respondent no. 3 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case be finally decided.
In view of the fact, the petitioners and respondent no. 3 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), the proceedings of the Case Crime No. 2362 of 2018, under Sections 452, 354-B I.P.C., P.S.- Loni, District- Ghaziabad, and the impugned F.I.R. are hereby quashed.
The present writ petition is accordingly allowed.
Order Date :- 28.11.2018 Abhishek