Allahabad High Court
Shailendra Srivastava And Others vs State Of Up Thru. Addl. Chief ... on 20 February, 2023
Bench: Ramesh Sinha, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4518 of 2022
Petitioner :- Shailendra Srivastava And Others
Respondent :- State Of Up Thru. Addl. Chief Secy./Prin. Secy. Home Civil Secrtt. Lko And Others
Counsel for Petitioner :- Ambrish Singh Yadav,Amit Jaiswal Ojus Law
Counsel for Respondent :- G.A.,Alok Verma,Mohit Pathak,Ramesh Chandra Pathak,Rana Pratap,Subhash Bisaria
Hon'ble Ramesh Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard Sri Amit Jaiswal, learned counsel for the petitioners, Sri Alok Verma, learned counsel for the private respondent and perused the record.
This petition seeks issuance of a writ in the nature of Certiorari quashing the impugned FIR dated 13.05.2022, registered as Case Crime No. 0095 of 2022, under Sections 384, 409, 467, 468 IPC, Police Station Bazarkhala, District Lucknow Western (Commissionerate).
Learned counsel for the petitioners states that the matter was referred to the Mediation & Conciliation Centre of this Court vide order of this Court dated 25.01.2023 and the mediation between the parties has been successful. A settlement/agreement dated 17.02.2023 has been arrived at between the parties which has been duly signed by them.
Learned counsel for the petitioners in support of his contention has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, B.S. Joshi Vs. State of Haryana & others, (2003) 4 SCC 675 and Gian Singh Vs. State of Punjab & another, (2012)10 SCC 303 and has submitted that since the petitioners and respondent no. 4, have compromised the dispute being civil in nature, as such respondent no. 4 does not want to press the present case against the petitioners. The respondent no. 4 is ready to withdraw the prosecution of the petitioners and in view of the compromise no fruitful purpose would be served if the prosecution is allowed to go on.
From the perusal of the record, it is apparent that parties have entered into compromise and have settled their dispute amicably.
In this regard the view taken by the Apex court in the case of B.S. Joshi (supra) and Gian Singh versus State Of Punjab (supra), which has been relied upon by the learned counsel for the petitioners finds force that this Court in exercise of its inherent power Article 226 of the Constitution of India can quash the FIR as the dispute being civil in nature has been amicably settled between the petitioners and respondent no.4.
Hence, considering the facts and circumstances of the case, nature of offence and with the consent of learned counsel for the parties, the impugned FIR is hereby quashed, subject to the condition that the parties shall abide by the terms and conditions of the compromise, which is annexed as Annexure-D to the supplementary affidavit.
The present petition stands allowed.
[Narendra Kumar Johari,J.] [Ramesh Sinha,J.]
Order Date :- 20.2.2023
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