Mohit Agrawal vs State Of U.P. And 3 Others
2018 Latest Caselaw 517 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12277 of 2018
 
Petitioner :- Mohit Agrawal
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Girja Shanker Sen,Krishna Dutt Awasthi
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri K.D.Awasthi, learned counsel for the petitioner, Sri A.K.Sand, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

This petition has been filed by the petitioner with a prayer to quash the FIR dated 27.3.2018, registered as case crime No.179 of 2018, under Sections 354, 323, 504, 506 I.P.C., Police Station Avonla, District Bareilly.

Learned counsel for the petitioner submits that the parties are related to each other and there is some dispute between them with respect to partition of house, on account of which the impugned FIR has been lodged against the petitioner by respondent no.3. He further submits that the parties have entered into a compromise on 4.5.2018, copy of the compromise is annexed as Annexure-2 to the writ petition, hence, the FIR is liable to be quashed by this Court.

Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.

Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.

With the above direction, this petition is finally disposed of.

(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)

Order Date :- 14.5.2018/NS