Allahabad High Court
Avnish Kumar @ Avnish Kumar Yadav And 3 ... vs State Of U.P. And 4 Others on 7 April, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- CRIMINAL MISC. WRIT PETITION No. - 4667 of 2020 Petitioner :- Avnish Kumar @ Avnish Kumar Yadav And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vimal Chandra,Hari Om Sharan Tiwari Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
The Bench has been constituted in pursuance of the order dated 04.04.2020 passed by Hon'ble The Chief Justice which is available on the official website of this Court.
By means of this petition, the petitioner has prayed for quashing of the impugned FIR dated 20.9.2018 alongwith stay of arrest in Case Crime No.480 of 2018, under Section 323, 504, 506, 342, 352 IPC, P.S. Sarai Inayat, district Prayagraj in terms of compromise dated 3.3.3020.
Perused the impugned FIR and the pleadings as has been averred in the present writ petition which is supported by an affidavit.
The office has not placed before the Court any E-Mail received from the learned A.G.A for the State, informant/complainant/aggrieved person regarding any objection with respect to the prayer of stay of arrest of the petitioner(s).
It appears from the averments made in the present writ petition that though the FIR was registered against the petitioners on 20.9.2018 for the offence in question but they have arrived at an amicable settlement and the matter between the petitioners and the respondent no.5 has been compromised on 3.3.2020, copy of the compromise deed is annexed as annexure no.2 to the present writ petition. It appears to be a case of no injury, the said fact is mentioned in para no.7 of the present writ petition.
After having examined the pleadings made in the writ petition, perusing the impugned First Information Report and considering the averments made, we are of the considered opinion that the petitioner (s) shall not be arrested in Case Crime No.480 of 2018, under Section 323, 504, 506, 342, 352 IPC, P.S. Sarai Inayat, district Prayagraj till submission of the police report under Section 173(2) Cr.P.C., if any, before the competent court.
The petitioner is directed to produce the copy of the compromise deed along with an application before the Investigation Officer of the case. The Investigating Officer of the case shall verify the compromise entered between the parties after due verification from respondent no.5 who is the informant of the case and shall submit the police report accordingly before the competent court.
It is made clear that it will be open for the State, informant/ complainant/ aggrieved person to move an appropriate application for recall/modification of this order, as the case may be, if there has been any material concealment of fact in the present writ petition as the Court has taken up the present matter and proceeded with it treating to be extremely urgent during the period of lockdown in the State of U.P. as well as in the Country on the call given by the Hon'ble Prime Minister of India due to Novel Corona Virus (COVID-19), within a period of two months from today.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner(s).
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) (Ramesh Sinha, J.) Order Date :- 7.4.2020 Gaurav