PRABHU NATH Vs. STATE OF U.P.
LAWS(ALL)-2010-3-154
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on March 15,2010

PRABHU NATH Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

- (1.) Heard the learned counsel for the petitioners, the learned AGA and also learned counsel for the opposite party no.3, who has put in appearance by filing a vakalatnama, which is taken on record.
(2.) The FIR in question is under Sections 420, 468 and 120-B IPC, police station Pachpedwa, district Balrampur. It is submitted that both the parties are related with each other and have compromised the matter outside the Court. The compromise deed has also been brought on record as Annexure No.3 to the writ petition, according to which now a formal partition by meets and bounds in respect of agricultural land has been made on spot. Opposite party no.3 is also present in person and certifies that compromise has been arrived at. She also accepts to have received an amount of Rs. 26,000/-. It is submitted that even otherwise also the dispute is of civil nature arising out of private transaction between the parties in respect of agricultural land. Since both the parties have compromised the matter, it would be futile exercise to keep pending the FIR in question. Taking the cue from the case of Jagdish Chanana & others v. State of Haryana and another,2008 2 JIC 409, learned counsel for the petitioner submits that the FIR be quashed. Learned AGA has nothing to say against it.
(3.) In view of the compromise, learned counsel for the opposite party no.3 has also no objection.;


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