Aman Singh And 5 Others vs State Of U.P. And 3 Others
2022 Latest Caselaw 20855 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 19156 of 2022
 
Petitioner :- Aman Singh And 5 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Saket Pandey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Nalin Kumar Srivastava,J.

Vakalatnama filed today by Shri Aman Kumar, Advocate on behalf of respondent no.4 is taken on record.

Heard Sri Saket Pandey, learned counsel for the petitioners; Shri Nitin Kesarwani, learned A.G.A. for the State respondents and Shri Aman Kumar, learned counsel for the informant.

Present writ petition has been preferred for quashing the FIR dated 23.11.2022 being Case Crime No.174 of 2022 under Section 354 IPC, Police Station Todhi Fatehpur, District Jhansi and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.

Learned counsel for the petitioners submits that both the parties have lodged the first information reports and in both the matters, the parties have already entered into compromise. Copy of the compromise has been brought on record as Annexure No.4 to the writ petition. All alleged offences are punishable with imprisonment of seven years, therefore the police authorities are bound to follow the procedure laid down under Section 41-A Cr.P.C. The petitioners have been wrongly implicated and could not be arrested. Learned counsel for the petitioners has placed reliance on the judgement of this Court dated 28.01.2021 in Criminal Misc. Writ Petition No.17732 of 2020 (Vimal Kumar and 3 others vs. State of UP and 3 others) in which guidelines have been framed following the judgement of the Apex Court in different cases, relating to offences providing punishment of seven years or less.

The aforesaid factual aspect of the matter has not been disputed by learned counsel for the informant.

We have gone through the impugned first information report and we are of the opinion that the guidelines framed by this Court in the above noted judgment are equally applicable to the facts of the instant case.

In the facts and circumstances, the writ petition is disposed of in view of the judgments cited above and further with a direction to the investigating officer to proceed in the matter strictly in accordance with law but certainly taking into account the compromise.

For a period of five weeks from today, respondents are restrained to arrest the petitioners pursuant to the impugned F.I.R. subject to cooperation in the on-going investigation.

Order Date :- 13.12.2022

RKP