Petitioners sought to quash an FIR alleging removal of goods. The court held that despite the petitioner's claim of a compromise, the investigation must proceed. The Investigating Officer must record statements and examine the authenticity of any compromise before submitting a police report.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 8845 of 2019
Petitioner :- Anant Kanodia @ Sonu And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rinki Gupta Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1 and 2 and perused the record.
The instant petition has been filed for quashing the F.I.R. dated 15.3.2019 in case crime no. 38 of 2019 under Sections 147, 457, 380, 323, 504, 506, 448 I.P.C., P.S.-Raipurwa, District -Kanpur Nagar.
The allegations in the first information report are that the accused removed goods worth Rs. 30 lacs.
Learned counsel for the petitioners contended that initially a suit for eviction was instituted by the petitioner no. 4 against the informant (Pankaj Gupta) but, later, a compromise was arrived at between the parties.
Be that as it may, as the allegations disclose commission of cognizable offence, the prayer of the petitioners to quash the first information report cannot be accepted.
In matters where a compromise has taken place during the course of investigation, the investigating officer can record the statement of the persons concerned including the victim. In case no evidence is forthcoming for prosecuting the accused, the Investigating Officer may submit a closure report as per law. But, whether a compromise has taken place or not and whether the parties are willing to lead evidence or not is to be determined after ascertaining whether such compromise has indeed taken place or not and whether it is with free consent, that is no fraud, coercion or undue influence has been played upon the parties.
As these are questions of fact, we deem it appropriate to dispose off this petition by observing that the Investigating Officer of the case shall examine the aforesaid aspects, after recording the statements, and submit police report as per law.
If, thereafter, the petitioners have any grievance, they would be at liberty to take recourse to appropriate remedy in appropriate jurisdiction.
O rder Date :- 9.4.2019 A. Pt. Singh
2 issues framed by the court
Whether the FIR can be quashed despite allegations of a compromise between the parties in an eviction dispute.
Whether the existence of a compromise is a question of fact to be determined after recording statements.
1 provisions across 1 enactments
Anant Kanodia @ Sonu And 3 Others
State Of U.P. And 2 Others
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
