RAHUL CHATURVEDI,J. - (1.) Heard Sri K.K. Dwivedi, learned counsel for the petitioner, Sri Kashi Nath Shukla, learned counsel for the complainant and learned AGA.
(2.) By means of the instant petition the petitioners Jaswsant Yadav son of Paras Nath Yadav and Subhash son of Ram Adhar Yadav have filed a writ petition challenging the FIR lodged by Ram Palat Yadav son of Late Belawan Yadav bearing Case Crime No. 182 of 2017, under sections 307, 504, 506 IPC, Police Station-Pavai, District-Azamgarh. The prayer sought by the petitioners that the aforementioned impugned FIR may be quashed in exercise of power under Article 226 of the Constitution of India. The grounds taken by the petitioners primarily are in two fold:- (a). That the contesting parties are in near relationship the petition no. 1 is the brother-in-law of injured Rajit Kumar Yadav whereas petitioner no. 2 is the Mausa of petitioner no. 1. (b). After lodging of the present FIR on 22.06.2017 the parties have buried their differences and the informant does want to pursue the aforementioned criminal prosecution against the petitioners any more.
(3.) In support of the contention, the counsel have filed a joint affidavit signed, by Jaswant Yadav (Petitioner No. 1) Subhash (Petitioner No. 2) Ram Palat Yadav (respondent No. 3) as well as Rajit Kumar the alleged injured, who have sustained injuries. In the said joint affidavit it has been candidly spelled out in paragraph 5 that neither the informant of the FIR namely Ram Palat Yadav nor the injured Rajit Kumar Yadav are any more interested to proceed with the matter. They have buried their differences on their own free will and accord. Thus, in the fitness of the circumstances the present FIR may be quashed.;