Sabir and Others v. State of U.P. Thru. Its Secy. Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9137 of 2023 Petitioner :- Sabir And Others Respondent :- State Of U.P. Thru. Its Secy. Home Lko. And Others Counsel for Petitioner :- Kulsoom Firoz Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1Heard learned counsel for the petitioners, learned A.G.A. for the State Respondents and learned counsel appearing on behalf of the opposite party no.4.

¶2This writ petition has been filed with the following main prayers:- "I. Issue a writ, order or direction in the nature of CERTIORARI to quash the impugned First Information Report dated 29.10.2023 bearing Case Crime No. 0379/2023 under section 323, 504, 506 of IPC Police Station-Pachperwa, District-Balrampur lodged by the opposite party No.4 in the interest of justice. Copy of FIR dt.29.10.2023 is annexed as Annexure No.1 to this writ petition. II. Issue a writ, order or direction in nature of MANDAMUS directing the opposite parties more specifically to the opposite party No. 3 not to arrest the petitioners in pursuance to the impugned F.I.R. dated 29.10.2023 bearing Case Crime No. 0379/2023 under section 323, 504, 506 of IPC Police Station - Jarwal Road, District Bahraich during pendency of the writ petition in the interest of Justice. Copy of F.I.R dt.29.10.2023 is annexed as Annexure No.1 to this writ petition."

¶3Learned A.G.A. for the State Respondents has pointed out that all the Sections invoked against the petitioners in the impugned F.I.R. carry the sentence of upto 7 years of imprisonment

¶4Learned counsel for the parties jointly says that there is a compromise between the parties.

¶5If that be so, it shall be open for the petitioners and the opposite party no. 4 to approach the Investigating OfÏcer alongwith a copy of compromise who shall verify the same and act strictly in accordance with law.

¶6The writ petition is disposed of. Order Date :- 1.12.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench