Golu vs State Of U.P. And 3 Others
2018 Latest Caselaw 882 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13470 of 2018
 
Petitioner :- Golu
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Suneel Kumar Yadav
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri S.K.Yadav, learned counsel for the petitioner, Sri N.K.Verma, 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 30.12.2017, registered as case crime No.1231 of 2017, under Sections 354(K), 452 I.P.C. & 3/4 POCSO Act, Police Station-New Agra, District Agra.

Learned counsel for the petitioner submits that the petitioner and respondent no.4 are living beside in the same village and some hot altercation took place between the respondent no.3 and father of the petitioner due to boundary dispute, on account of which the impugned FIR has been lodged by respondent no.4 against the petitioners levelling false and frivolous allegations. He further submitted that due to intervention of some of the respectable persons of the village, the matter has been compromised between the parties and the respondent no.4 has filed a notary affidavit before the SHO, New Agra stating about the fact of compromise, the said fact has been mentioned in paragraph no.7 of the writ petition. No offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.

Learned A.G.A. opposed the prayer for quashing of the FIR.

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 :- 24.5.2018/NS