Hon'ble Rajeev Singh,J.
Short counter affidavit filed by learned counsel for the respondent No.4 is taken on record.
Heard Shri Nishit Mishra, learned counsel for the petitioner, Shri Dinesh Singh Rana, learned A.G.A. for the State, Shri Sunder Lal, learned counsel for the respondent No.4 and perused the impugned F.I.R. as well as material brought on record.
The present writ petition has been filed by the petitioner namely Yogendra Singh Chauhan, seeking quashing of the First Information Report of Case Crime No.149 of 2020, under Sections 386, 323, 504, 506 I.P.C., Police Station Thakurganj, District Lucknow, with a further prayer to direct the respondent No.3, not to harass the petitioner and his family on the basis of impugned F.I.R.
Learned counsel for the petitioner has submitted that the petitioner is the son of the respondent No.4 and some dispute took place between the parties, on account of which, the impugned F.I.R. has been lodged by the respondent No.4 against the petitioner, but now they have amicably settled the dispute outside the court, hence the impugned F.I.R. be quashed.
Learned counsel for the petitioner in support of his contention has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1 and Nikhil Merchant vs. Central Bureau of Investigation & another reported in 2008 (9) SCC 677 and has submitted that the respondent No.4 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.4 has submitted that the respondent No.4 is the father of the petitioner and due to some personnel and family problem, he had taken retirement from the Army's Service in the year 2010 and is suffering from depression since the year 2005, and some differences had been arisen between them, on account of which, the impugned F.I.R. has been lodged against the petitioner. He further submitted that the differences between the parties have been resolved and the matter has been settled outside the court and they are living happily, and now, the respondent No.4 does not want to prosecute the petitioner, therefore, the impugned F.I.R. may be quashed.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties, there is minimal chance of witnesses coming forward in support of prosecution case and it may become difficult to prove the prosecution case, hence chances of conviction appear to be remote. Taking all these factors into consideration cumulatively, the compromise between parties be accepted and further taking into account the legal position as laid down by the Apex Court in the case of Manoj Sharma (supra) and Nikhil Merchant (supra) that this court in exercise of its inherent power under Article 226 of the Constitution of India can quash the F.I.R. The impugned F.I.R. is quashed and the writ petition is allowed.
In view of the same, the present petition is allowed and the impugned First Information Report of Case Crime No.149 of 2020, under Sections 386, 323, 504, 506 I.P.C., Police Station Thakurganj, District Lucknow is hereby quashed.
(Rajeev Singh,J.) (Ramesh Sinha,J.) Order Date :- 19.2.2021 S. Shivhare