Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22162 of 2019 Petitioner :- Veeru @ Kumarveer And 16 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Kumar Mishra Counsel for Respondent :- G.A.,Ashvni Mishra Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Ashvni Mishra learned counsel for the petitioners, Sri A.K. Misra learned counsel for the informant and the learned A.G.A.
The instant petition seeks quashing of the First Information Report dated 18.3.2019 registered in case crime No. 93 of 2019, under Sections 147, 148, 452, 323, 504, 506 IPC P.S. Khair, District Aligarh.
A prima facie perusal of the FIR discloses commission of cognizable offences but the FIR is sought to be quashed on the ground of a recorded settlement between the respective parties.
Whether parties have entered into a compromise / settlement or not, is an issue which needs to be ascertained by examining the victim and other parties concerned before the I.O. concerned.
The learned A.G.A rightly submits that it would be in the fitness of things if the petitioners are relegated to place their compromise / settlement before the I.O concerned, who after examining the parties, shall submit a report under Section 173(2) Cr.P.C.
In the event the I.O concerned does not extend necessary cooperation, it shall be open for the petitioners to approach the S.S.P / S.P concerned who shall be obliged to pass appropriate orders.
With the above observations, the writ petition is disposed of.
It is clarified that the above liberty would be available only in the event the police has not submitted a report under Section 173(2) of the Code.
Order Date :- 30.9.2019 RS