Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 20818 of 2019 Petitioner :- Suresh Kumar And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Shri Anand Kumar Singh, learned counsel for the petitioners, Sri Shree Prakash Dwivedi for the informant and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 12.7.2018 registered as Case Crime No.142 of 2018, under sections 364, 386, 323, 506 I.P.C, P.S. Rampur, District Jaunpur.
It is submitted by learned counsel for the petitioners that dispute has been amicably settled between the parties, no offences are made out, FIR be quashed.
Learned counsel for the informant and the learned A.G.A, opposed the submission that in view of recent judgment of the Apex Court in The State of M.P. Vs. Laxmi Narayan & Others, AIR 2019 SC 1296, proceedings cannot be quashed at the stage of investigation, in respect of a heinous offence in view of compromise as they are against the society.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co- operation during investigation.
With the aforesaid direction, this petition is finally
disposed of.
Order Date :- 27.9.2019 N.S.Rathour