Allahabad High Court
Chhavi Sharma vs State Of U.P.Through.Addl.Chief ... on 6 February, 2020
Bench: Anil Kumar, Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ? Court No. - 9 Case :- MISC. BENCH No. - 3411 of 2020 Petitioner :- Chhavi Sharma Respondent :- State Of U.P.Through.Addl.Chief Secy.Home & Ors. Counsel for Petitioner :- Sunil Kumar Singh Counsel for Respondent :- G.A. Hon'ble Anil Kumar,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner, learned A.G.A. appearing for the opposite party nos. 1 to 3 and 5; and perused the record.
Since the point involved in the present writ petition is trivial in nature, so the present writ petition is being heard and decided at the admission stage.
Notice to the opposite party no. 4 is dispensed with.
This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 25.1.2020 lodged by respondent no. 4, registered as Case Crime No. 32 of 2020, under Section 406 IPC, Police Station-Mahanagar, District-Lucknow.
Learned counsel for the petitioner submits that in the present case, the compromise has already been taken place between the parties.
Learned A.G.A. has not disputed the aforesaid fact as stated by the learned counsel for the petitioner.
Thus, in view of the said fact and the statement given by the learned A.G.A. on the basis of law laid down in Arnesh Kumar (supra), we direct the Investigating Officer to take into consideration that the parties had already entered into a compromise and proceed accordingly.
Learned Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioner, entails sentence of less than seven years, provisions of Section 41-A Cr.P.C. shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another.
Considering the stand of the learned counsel for the parties, let this petition be disposed of in view of the above said facts.
Accordingly, this petition is disposed of in view of the provisions of Section 41-A Cr.P.C. and the law as laid down by Apex Court in the case of Arnesh Kumar (supra).
(Virendra Kumar Srivastava,J.) (Anil Kumar,J.) Order Date :- 6.2.2020/saurabh