- (1.) This writ petition seeks a prayer for issuing a writ of certiorari quashing the impugned First Information Report dated 16.08.2017, lodged under Sections 338, 304A IPC vide case crime No.487 of 2017, Police Station-Aliganj, District-Lucknow.
(2.) This court had passed the following order on 20.03.2018:- "Though this writ petition was dismissed on 08.01.2018 by this Court by observing that the Investigating Officer in his affidavit filed before the Court had stated that there did not appear to be any compromise between the parties, however, on the application moved by the learned counsel appearing for the petitioner, namely, C.M.Application No.27828 of 2018, this Court had directed the Station House Officer concerned to ensure the presence of respondent nos.4, 5 and 8 before this Court. Petitioner-Abdul Samad Siddiqui is present, who is represented by Shri Anurag Tilhari, Advocate. Respondent no.5-Smt. Pushpa Tiwari along with two very young children, namely, Baby Rimjhim and Master Nishant is also present, who is represented by Shri Arjun Singh Kalhans, Advocate. Respondent no.8-Lalji is also present. Issue notice to respondent no.9. The petitioner and respondent no.5-Smt. Pushpa Tiwari as also respondent no.8-Lalji have agreed before the Court to the offer made by the petitioner in presence of their learned counsel and also in presence of learned Additional Government Advocate and Shri S.M. Singh Royekwar, who represented the respondent nos.5 and 8 earlier, that the petitioner shall compensate the respondent nos.5, 6, 7 and 8 by giving Rs. 4 lakh each to respondent no.5-Smt. Pushpa Tiwari and respondent no.8-Lalji, in addition to Rs.3 lakh each, which have already been given to them by the petitioner. The parties present in Court have, thus, agreed to accept the said offer and accordingly the respondent nos.5 and 8 have stated that in case the petitioner compensates them with the aforesaid amount, they shall not prosecute the criminal case against him and they will not have any other claim for compensation against him. The petitioner has undertaken before the Court that out of Rs.4 lakh to be paid to the respondent nos.5 and 8 each, he shall pay Rs.2 lakh to respondent nos.5 and 8 each by the next date of listing of this case through RTGS/Bank Draft. He further undertakes that rest of the amount shall also be paid to them within next month thereafter. Accordingly, list this case on 20.04.2018. In view of the aforementioned settlement being in sight, we recall the order dated 08. 01.2018. Apart from usual mode of service, respondent no.9 shall also be intimated of this order by the Investigating Officer. Learned Additional Government Advocate will communicate this order to all concerned."
(3.) Pursuant to the order passed by this Court the respondent No.5-Smt. Pushpa Tiwari and respondent No.8-Lalji are present before this court and filed separate affidavits in compliance of the order dated 20.03.2018 passed by this Court.;