Moin Siddiqui And 3 Others vs State Of U.P. And 2 Others
2018 Latest Caselaw 802 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13090 of 2018
 
Petitioner :- Moin Siddiqui And 3 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Manish Tandon,Bipin Kumar
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Sri I.A. Khan, Advocate, has filed his Vakalatnama on behalf of respondent no.3 today in Court, which is taken on record.

Heard Sri Manish Tandon, learned counsel for the petitioners,Sri I.A.Khan, learned counsel for respondent no.3, 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 petitioners with a prayer to quash the FIR dated 30.4.2018, registered as case crime No.47 of 2018, under Sections 308, 323, 504 I.P.C., Police Station Bhanwarkol, District Ghazipur.

Learned counsel for the petitioners submits that the petitioner no.1 is real brother and petitioner nos.2, 3 & 4 are the real nephew of respondent no.3 respectively and have been falsely implicated in the present case. He further submits that there are cross versions of the incident in which both sides received injuries and the matter has been compromised between the parties outside the Court.

Learned counsel for respondent no.3 as well as learned A.G.A. admitted the fact of compromise.

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

It is made clear that the Investigating Officer of the case shall consider the aforesaid fact while submitting the police report.

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

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

Order Date :- 22.5.2018/NS