Saurabh Kumar And Another vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 10984 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2781 of 2023
 

 
Petitioner :- Saurabh Kumar And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Others
 
Counsel for Petitioner :- Dr. Surendra Kumar Misra,Avnish Kumar Tiwari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

Heard the learned counsel for the petitioners and the learned A.G.A. who appears for the Opposite party nos.1, 2 & 3.

This petition has been filed by the petitioners for the following main prayer:-

"1) Issue a writ order or direction in the nature of Certiorari to quash the impugned First Information Report lodged by the opposite party no.4 in FIR/Case Crime No.146/2023, under Sections 323, 506 IPC and Section 3 (2) (va) S.C./S.T Act, Police Station Kotwali Nighasan, District Kheri, annexed as Annexure No.1 to this writ petition in respect of the petitioners."

Learned counsel for the petitioners submits that the informant has entered into a compromise with the petitioners, a copy of which has been filed as Annexure No.2 to the petition.

It has also been argued that even otherwise the petitioners are entitled for being given the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273, as the sections invoked against them all carry a punishment of less than seven years. It has also been argued that the dispute between the parties is private in nature and having no social consequence over the public at large. It has also been argued that the offences as alleged by the prosecution are not made out. The compromise between the parties shall be placed before the SHO concerned for verification.

This Court has perused the compromise, a copy of which has been filed as Annexure to the petition.

This writ petition is finally disposed of with a direction to the petitioners to place the original compromise before the Station House Officer/ Investigating Officer, of Police Station Kotwali Nighasan, District Kheri, on 20.04.2023 who shall verify the same and shall submit the police report before the Court concerned in accordance with law.

Order Date :- 12.4.2023

N.PAL