Mohd. Yusuf and 7 Others v. State of U.P. and 2 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 12833 of 2022 Petitioner :- Mohd. Yusuf And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kumar Singh Counsel for Respondent :- G.A.,Faizan Habeeb,Mohammad Danish Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Supplementary affidavit filed on behalf of petitioner is taken on record.

¶2Heard Shri K.K. Singh, learned counsel for the petitioners, Shri Faizan Habeeb, learned counsel for the Shri G.P. Singh, learned A.G.A for the State-respondents, and perused the record.

¶3The relief sought in this petition is for quashing of the impugned First Information Report dated 8.6.2022, registered as Case Crime No.0311 of 2022, under Sections 498-A, 323, 354, 376, 506, 313 IPC and 3/4 of D.P. Act and section 3/4 of Muslim Women Act, Police Station-Katghar, District Moradabad. Further prayer has been made not to arrest the petitioners in the aforesaid case.

¶4Vide order dated 22.9.2022, matter was referred to Mediation Centre and the Mediation Report dated 5.4.2023 states that the mediation completed with no agreement. However, today along with supplementary affidavit, a copy of compromise has been filed that the matter has been compromised between the parties.

¶5Learned counsel for the respondent admits about the same.

¶6Accordingly, the instant petition is disposed off with the direction to the concerned Investigating Officer to consider the affidavit of the informant to the effect that no offence has been committed, and the parties have decided to live peacefully as husband and wife. The I.O. shall consider the same objectively, as in view of the stand taken by the informant, the chances of conviction appears to be weak. The investigation may be concluded within three months from today. Till then, no coercive action shall be taken against the petitioners in the aforesaid case crime. Order Date :- 2.11.2023 Anil K. Sharma High Court of Judicature at Allahabad