Chandrakala and 4 Others Vs State of U.P. and 2 Others

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 26201 of 2019

Petitioner :- Chandrakala And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahendra Singh Yadav Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.

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Heard Sri Mahendra Singh Yadav, learned counsel for the petitioners and Dr. S.B. Maurya the learned A.G.A.

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The instant petition seeks quashing of the First Information Report dated 14.11.2019 registered as Case Crime No. 8 of 2019, under Sections 498-A, 323, 506 I.P.C. & 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Chanduli.

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A prima facie perusal of the F.I.R. discloses commission of cognizable offences but the F.I.R. is sought to be quashed on the ground of a recorded settlement between the respective parties.

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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 fitness of things if the petitioners are relegated to place their 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 petitioners to approach the S.S.P / S.P 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 :- 2.1.2020 AS Rathor

Chandrakala and 4 Others v. State of U.P. and 2 Others

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Chandrakala and 4 Others v. State of U.P. and 2 Others

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