Aditya Agarwal and Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 7923 of 2023 Petitioner :- Aditya Agarwal And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others Counsel for Petitioner :- Aditya Vikram Shahi,Vikash Poddar Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.

¶1Heard the learned counsel for the petitioners and the learned A.G.A. who appears for the State-respondents.

¶2This petition has been filed with the following main prayer:- "(i) To issue a writ, order or direction in the nature of certiorari quashing the F.I.R. dated 04.06.2023 registered as FIR No. 0289/2023, under Section 147,323,354,506 of IPC at Police Station Vibhuti Khand, District-Lucknow, till it relates to petitioners contained in Annexure No.1 to the writ petition.

(ii)To issue a writ, order or direction in the nature of mandamus commanding the Opp. Parties not to arrest the petitioners in FIR No. 0289/2023, under Section 147,323,354,506 of IPC at Police Station Vibhuti Khand, District-Lucknow."

¶3It has been submitted by learned counsel for the petitioners that all the offences invoked against the petitioners carry a punishment up to seven years. Moreover, he has also pointed out that the parties have entered into the compromise.

¶4Shri Gyan Sagar Gupta, Advocate has filed Vakalatnama and also an AfÏdavit sworn by one Shiva Chhabra saying that the matter has been compromised between the parties.

¶5This petition is disposed of with a direction to the petitioners and the contesting respondents to approach the Investigating OfÏcer concerned within a week along with the original copy of the compromise, if any which has been signed by the parties. The Investigation OfÏcer concerned shall conduct an inquiry in accordance with law and then take a decision within three weeks thereafter.

¶6For a period of four weeks or till the decision is taken, whichever is earlier, the petitioner shall not be arrested in pursuance to the First information Report. Order Date :- 12.10.2023 Madhu High Court of Judicature at Allahabad, Lucknow Bench