Allahabad High Court
Raj Kishor Goel vs State Of U.P. And 3 Others on 19 October, 2019
Bench: Pankaj Naqvi, Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 22700 of 2019 Petitioner :- Raj Kishor Goel Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Babu Lal Ram Counsel for Respondent :- G.A.,Sushil Kumar Hon'ble Pankaj Naqvi,J.
Hon'ble Suresh Kumar Gupta,J.
Heard Sri Babu Lal Ram, learned counsel for the petitioner, Shri Sushil Kumar Rathore, and the learned A.G.A.
The instant petition seeks quashing of the First Information Report dated 27.9.2019 arising out of Case Crime No.62 of 2019 under Sections 323,504,506 IPC and 3(1)(da), 3(1)(dha) SC/ST Act, P.S. Nadigaon District Jalaun.
Learned counsel for the parties jointly submit that subsequent to the lodging of the F.I.R a settlement dated 5.10.2019 is arrived at between the parties, copy of which is annexed alongwith compromise affidavit/counter affidavit on behalf of respondent no.4, FIR 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 petitioner is relegated to place his 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 petitioner to approach the 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 :- 19.10.2019 RS