Petition for quashing an FIR and restraining arrest dismissed as infructuous following the submission of a final police report by the investigating agency on February 3, 2023.
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Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 15059 of 2022
Petitioner :- Hemant Tiwari And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Shukla,Aditya Prakash Singh Counsel for Respondent :- G.A.,Subir Lal,Swetashwa Agarwal
Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J.
Heard Sri R.P. Chandel holding brief of Sri Sushil Shukla, learned counsel for the petitioners, Sri Subir Lal, learned counsel for the informant and Sri G.P. Singh, learned AGA for the State.
This writ petition has been filed for quashing the impugned First Information Report dated 28.09.2022 registered as Case Crime No. 163 of 2022, under Sections 498-A, 307, 376, 377, 313, 323, 504, 506 IPC read with Section 3/4 of D.P. Act, P.S. Swaroop Nagar, District Kanpur Nagar. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Initially, the matter was referred to the Mediation Centre, however, as per Mediation Centre report both parties appeared but not willing for mediation.
By drawing attention to annexure '1' to the short counter affidavit it is submitted that in the present case final report No. 17 of 2023 dated 03.02.2023 has been submitted.
In such view of the matter, this petition has become infructuous and the same is accordingly dismissed .
Order Date :- 22.3.2023 Shivani
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
Hemant Tiwari And 4 Others
State Of U.P. And 2 Others
Vivek Kumar Birla
Nand Prabha Shukla
As recorded by the court registry
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