Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 34039 of 2018 Petitioner :- Sudheer And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Margret Garima Roberts Counsel for Respondent :- G.A.,Samarth Sinha
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Shri Samarth Sinha, Advocate, has put in appearance on behalf of respondent No.4 and informed the Court that a compromise has been entered into between the parties.
Shri Sinha, learned counsel for respondent No.4 has filed a short-counter affidavit. The same is taken on record.
The affidavit is sworn by one Monika Khan (Deponent), who herself is respondent No.4 in the petition.
It has been mentioned in paragraph No.4 of the short-counter affidavit that the depondent, who is respondent No.4 in the said short-counter affidavit, has entered into a settlement/compromise, and has amicably settled the issue between themselves outside the Court, therefore, the She wishes to withdraw the impugned FIR dated 2.5.2017 lodged by her bearing Case Crime No. 309 of 2017, under Sections 498A, 354, 354(A), 376, 511, 504, 323 IPC and 3/4 DP Act, Police Station Mawana, District Meerut.
In view of paragraph No.4 of the said affidavit that she does not want to pursue the FIR, no useful purpose would be served by permitting investigation pursuant to the impugned FIR to continue. Any further investigation would be abuse of process of Court and wastage of public time and money.
Accordingly, the writ petition succeeds and is allowed.
The impugned FIR dated 2.5.2017, arising out of Case Crime No. 309 of 2017, under Sections 498A, 354, 354(A), 376, 511, 504, 323 IPC and 3/4 DP Act, Police Station Mawana, District Meerut, is hereby quashed.
Order Date :- 27.11.2018 LN Tripathi