Rahul Yadav And 2 Others vs State Of U.P. And 3 Others
2023 Latest Caselaw 15559 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:108316-DB
 
Court No. - 67
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7578 of 2023
 

 
Petitioner :- Rahul Yadav And 2 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Mahabir Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rahul Chaturvedi,J.

Hon'ble Gajendra Kumar,J.

Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.

The instant writ petition seeks quashing/staying of the FIR dated 09.07.2022 giving rise to Case Crime No.0100 of 2022, under Sections 354(Ka), 336, 506 I.P.C. and Section 67A of I.T. Act, Police Station-Lalapur, District-Prayagraj.

It is contended by the learned counsel for the petitioners that present FIR was lodged by one Subhash Chandra Mishra (informant) against the petitioners for alleged act of misbehaviour and taking the obscene photographs of the girl. However, it is contended by the counsel for the petitioners that parties have entered into the compromise and in the light of the judgment of Hon'ble Apex Court in case of Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat and another; 2017 (9) SCC 641, this criminal prosecution ought to have been quashed.

We have perused the compromise deed dated 24.03.2023 signed by Subhash Chandra Mishra (informant).

Under these circumstances, in case, parties appear before the court of CJM, Prayagraj, learned CJM is directed to verify the authenticity and veracity of the said compromise and pass a suitable order on the compromise deed within next 15 days.

Put up this matter in the week commencing 12.06.2023 as fresh before the appropriate Bench.

By that time, learned counsel for the petitioners would file supplementary affidavit annexing the verification on compromise deed.

Parties are also directed to produce the certified copy of this order before the court concerned on the date fixed before it.

Till the next date of listing, no coercive action shall be taken against the petitioners in the aforesaid case crime number.

Order Date :- 17.5.2023

Ashutosh