This court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR as infructuous because the responding counsel stated that a settlement and final report had been submitted.
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Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 3814 of 2021
Petitioner :- Mohit Kumar Goyal And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prashant Vyas Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents.
On 25.05.2021 this court has passed the following order:
"Heard Sri V.P. Srivastava, learned Senior Counsel, assisted by Sri Prashant Vyas, for the petitioners; Sri Akash Deep Srivastava for the respondent no.4; and the learned A.G.A. for the respondents 1, 2 and 3.
The instant petition seeks quashing of first information report dated 09.02.2021 registered as Case Crime No.54 of 2021, under Sections 406, 504, 506 IPC, P.S. Naujheel, District Mathura.
The case of the petitioners is that the petitioners and the informant were in a business relationship. On account of certain dispute in respect of payment against supplies, the impugned first information report was lodged. Subsequently, a settlement has been arrived at between the parties under which the informant has agreed to withdraw the case.
Considering the facts of the case, we deem it appropriate to require the informant and the accused party to appear at the police station concerned by or before 21st June, 2021 for getting their statement recorded. If they so appear, the Investigating Officer of the case shall get their statement recorded and if a compromise document is prepared by them, the same shall also be made part of the case diary.
Put up, as fresh, on 05th July, 2021, before appropriate Bench. By the next date, the investigating officer of the case shall file an affidavit disclosing whether the parties have entered into a compromise voluntarily.
Till the next date of listing, subject to above, the petitioners
shall not be arrested in Case Crime No.54 of 2021, under Sections 406, 504, 506 IPC, P.S. Naujheel, District Mathura."
Learned counsel for the State-respondents states that both the parties have entered into settlement and final report has been submitted in this regard.
In view of the aforesaid, this writ is dismissed as infructuous.
It is made clear that we have not expressed any opinion on acceptance or non acceptance of the final report.
Order Date :- 5.7.2021 RPD
Digitally signed by Justice Surya Digitally signed by Justice Gautam Prakash Kesarwani Chowdhary Date: 2021.07.06 18:08:51 IST Date: 2021.07.06 18:12:37 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
Mohit Kumar Goyal And 2 Others
State Of U.P. And 3 Others
Surya Prakash Kesarwani
Gautam Chowdhary
As recorded by the court registry
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