Allahabad High Court
Ram Kripal Yadav vs State Of U.P. And 3 Others on 13 January, 2021
Bench: Anjani Kumar Mishra, Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 16645 of 2020 Petitioner :- Ram Kripal Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brij Raj Counsel for Respondent :- G.A.,Ramsagar Yadav Hon'ble Anjani Kumar Mishra,J.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State as also Shri Ramsagar Yadav for the respondent no.4.
The instant petition has been filed seeking quashment of the First Information Report dated 12.02.2017 registered as Case Crime No. 0402 of 2017, under Sections 323, 325, 308, 504 & 504 I.P.C. at P.S. Handia, District Prayagraj.
It is jointly submitted by learned counsel for the parties that the parties have entered into a compromise.
In matters where a compromise has taken place during the course of investigation, the investigation officer can record the statement of the persons concerned including the victim. In case no evidence is forthcoming for prosecuting the accused, the Investigating Officer may submit a closure report as per law. But, whether a compromise has taken place or not and whether the parties are willing to lead evidence or not is to be determined after ascertaining whether such compromise has indeed taken place or not and whether it is with free consent, that is no fraud, coercion or undue influence has been played upon the parties.
As these are questions of fact, we deem it appropriate to dispose off this petition by observing that the Investigating Officer of the case shall examine the aforesaid aspects, after recording the statements, and submit police report as per law.
If thereafter, the petitioner has any grievance, he would be at liberty to take recourse to appropriate remedy in appropriate jurisdiction.
Subject to above, this petition stands disposed off.
Order Date :- 13.1.2021 RKM