Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24209 of 2019 Petitioner :- Sudesh And 9 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Prakash Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 07.05.2019 registered as Case Crime No. 91 of 2019 at P.S. Mahila Thana, District- Meerut, under Sections 498-A, 323, 354, 307, 376, 511 I.P.C. and section 3/4 D.P. Act.
The prayer for quashing has been made on the ground that parties have entered into a settlement.
Ordinarily, an offence punishable under Section 307 I.P.C. as well as offence of an attempt to rape are serious offences having impact on society and therefore not to be quashed on the basis of a compromise between the parties.
However, if, on account of compromise between the parties, no evidence is forthcoming to launch a prosecution of the accused the investigating officer may submit closure report.
Under the circumstances, this petition is disposed off by giving liberty to the parties to get their statement recorded by the investigating officer. After recording the statement the investigating officer would submit report as per law. If the petitioners have any grievance thereafter they may take recourse to appropriate remedy in appropriate jurisdiction, as may be adivsed.
It is made clear that this court has not expressed any opinion as to whether any compromise has taken place or not and whether any offence has been committed or not.
With the aforesaid observations, this petition is disposed off. Order Date :- 28.11.2019 Sunil Kr Tiwari