Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24337 of 2018 Petitioner :- Surendra And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Srivastava,Sanjay Kumar Rai Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Sri S.K. Rai, Advocate has filed his power along with short counter affidavit on behalf of respondent no.3 which is taken on record.
Heard Sri Sanjay Srivastava, learned counsel for the petitioners, Sri S.K Rai, learned counsel for the respondent no.3 and Sri Irshad Hussain, learned AGA for the State and perused the record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 11.5.2018, registered as Case Crime No.233 of 2018, u/s 147, 308, 323, 504, 354 IPC, P.S. Dhanghata, district Sant Kabir Nagar.
Learned counsel for the petitioners submits that the matter has been compromised between the petitioners and respondent no.3. The respondent no.3 is ready to withdraw the prosecution of the petitioner and in view of the compromise no fruitful purpose would be served if the prosecution is allowed to go on.
Learned counsel for the respondent no.3 who is the informant of the case has admitted the fact of compromise entered into between the parties and he has no grievance if the present FIR is quashed by this Court.
Considering the submissions made by learned counsel for the parties, we do not find any ground to interfere in the matter. However, the Investigating Officer of the case is directed to look into the compromise entered into between the parties, who shall submit police report before the competent court in accordance with law within one month from today.
For the period of one month or till submission of police report u/s 173(2) Cr.P.C., no coercive action shall be taken against the petitioners in the aforesaid case.
The S.P. Sant Kabir Nagar shall ensure that Investigating Officer concerned submits proper police report before the competent court.
With the aforesaid directions, this writ petition is finally disposed of.
(Dinesh Kumar Singh, J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018/Gaurav