Krishna @ Krishna Kumar And 2 ... vs State Of U.P. And 2 Others
2022 Latest Caselaw 19224 ALL

Citation : 2022 Latest Caselaw 19224 ALL
Judgement Date : 29 November, 2022

Allahabad High Court

Krishna @ Krishna Kumar And 2 ... vs State Of U.P. And 2 Others on 29 November, 2022

Bench: Mahesh Chandra Tripathi, Narendra Kumar Johari




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 16491 of 2022
 

 
Petitioner :- Krishna @ Krishna Kumar And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Amar Nath
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Narendra Kumar Johari,J.

While according interim protection on 9.11.2022, it has been pressed before us the parties have settled the dispute amicably and in this regard compromise deed dated 17.10.2022 has also been brought on record as Annexure No. 2 to the writ petition. As such, it has been contended that the pending proceedings would serve no purpose and the same are liable to be quashed in the light of judgements of the Apex Court in the case of B.S. Joshi v. State of Haryana and others, 2003(4) SCC 675 and Gian Singh v. State of Punjab, 2012(10) SCC 303 as well as the judgment of this Court dated 16.9.2022 in Criminal Misc. Writ Petition No.8510 of 2022 (Anuj Pandey v. State of U.P. & Ors.). In this backdrop, the matter was adjourned on the request of learned AGA as instructions were awaited.

Heard learned counsel for the petitioners and learned AGA.

Present writ petition has been preferred for quashing the FIR dated 6.10.2022 being Case Crime No.0499 of 2022 under Sections 323, 504, 427, 307 IPC, P.S. Shamli, Distt. Shamli and for a direction to respondents not to arrest the petitioners pursuant to impugned FIR.

In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending for consideration and with the consent of the parties, the writ petition stands disposed of asking the I.O. concerned to proceed strictly in accordance with law but certainly taking into account the compromise deed dated 17.10.2022 as well as in the light of aforesaid judgements.

For a period of six weeks, respondents are restrained to arrest the petitioners pursuant to the impugned FIR subject to cooperation in the on-going investigation.

Order Date :- 29.11.2022

A.K.Srivastava