Faiz and Others v. State of U.P. Thru. Prin. Secy. Deptt. Home, Govt. U.P. Lucknow and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8507 of 2023 Petitioner :- Faiz And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home, Govt. U.P. Lucknow And Others Counsel for Petitioner :- Srees Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri Vinod Kumar, Advocate, who has filed power on behalf of the respondent no.3 along with the short counter afÏdavit, which are taken on record. This petition has been filed with the following main prayer:- "Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned First information report lodged by the opposite party no.3 on the basis of false and fabricated facts on 16.10.2023 at Crime 293 of 2023, Under Section-408, 420, Indian Penal Code, Police Station-Dahi, District Unnao, contained in Annexure No.1, on the basis of the compromise to this writ petition." It is the case of the petitioners that petitioners and the respondent no.3 had entered into the compromise. Learned counsel for the respondent no.3 does not dispute the submission made by learned counsel for the petitioners. This petition is disposed of with a direction to petitioners and the respondent no.3 to appear before the Investigating OfÏcer along with the original compromise. The Investigating OfÏcer shall thereafter proceed in accordance with law and take appropriate decision within a period of four weeks. For a period of four weeks, petitioners shall not be arrested in pursuance of the impugned F.I.R. dated

16.10.2023 relating to Case Crime No.293 of 2023 under Sections 408 and 420 of the I.P.C., Police Station Dahi, District Unnao. The Registry is directed to return the original compromise to the counsel for the petitioners after retaining a photocopy of the same in the record. Order Date :- 3.11.2023 Rahul High Court of Judicature at Allahabad, Lucknow Bench