Sanjay Kumar and Another Vs State of U.P. and 2 Others

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 3330 of 2019

Petitioner :- Sanjay Kumar and another Respondent :- State Of U.P. and 2 others Counsel for Petitioner :- Avnish Kumar Srivastava Counsel for Respondent :- G.A.,Narendra Singh Chahar

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Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.

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Heard Sri Sunil Vashisth, learned counsel for the petitioners, the learned AGA and perused the impugned F.I.R, as well as material brought on record.

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The instant petition seeks quashing of the First Information Report dated 4.1.2019 registered as Crime No.18/2019 under Sections 420, 467, 468, 471, 506 I.P.C. at Police Station Sihani Gate, District Ghaziabad.

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Learned counsel for the parties do not dispute that on account of intervention of their relations, parties have entered into amicable settlement.

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Whether parties have entered into a compromise/settlement or not, is an issue which needs to be ascertained by examining the victim and other parties concerned before the I.O. concerned.

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The learned A.G.A. rightly submits that it would be in the fintess of things if the petitioner is relegated to place his compromise/settlement before the I.O. concerned who after examining the parties, shall submit a report under Section 173(2) Cr.P.C.

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In the event the I.O. concerned does not extend necessary cooperation, it shall be open for the petitioner to approach the SSP concerned who shall be obliged to pass appropriate orders.

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With the above observations, the writ petition is disposed of.

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It is clarified that the above liberty would be available only in the event the police has not submitted a report under Section 173(2) of the Code.

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Order Date :- 14.2.2019 Ram Murti

Sanjay Kumar and Another v. State of U.P. and 2 Others

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Sanjay Kumar and Another v. State of U.P. and 2 Others

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