Neutral Citation No. - 2025:AHC-LKO:4180-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 405 of 2025 Petitioner :- Chotelal And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Others Counsel for Petitioner :- Indrajeet Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,J. 1. Short counter affidavit filed today by Sri Amit Kumar Srivastava, learned counsel for the opposite party No.4 is taken on record. 2. Heard learned counsel for the petitioners, learned A.G.A., who appears on behalf of State-opposite party Nos.1 to 3 and Sri Amit Kumar Srivastava, learned counsel appearing on behalf of opposite party No.4. 3. This petition has been filed with the following prayers :- "I. Suitable writ order or direction in the nature of certiorari quash the impugned first information report dated 20-09-2024, registered as case crime no.397/2024, U/s- 74/115(2) & 351(2) BNS altered under sections 76, 89, 351(2) & 115 (2) BNS, P.S. Tikait Nagar, District Barabanki, in light of compromise dated 09-01-2025, contained in as Annexure No.1 & 2, in the interest of justice. II. Suitable writ, order or direction in the nature of mandamus commanding the Opposite Parties no.2 & 3 not to proceed, prosecute or arrest the petitioners on the basis of impugned first information report dated 20-09-2024." 4. It has been submitted by learned counsel for the petitioners that the petitioners and opposite party No.4 are residents of the same village and due to intervention of some well-wishers, a compromise has occurred between the parties. 5. Learned counsel appearing for the opposite party No.4 does not dispute this contention and has filed a short counter affidavit sworn by the opposite party No.4, wherein the same facts have been mentioned and it has been stated that the deponent i.e. opposite party No.4 does not wish to pursue the case against the petitioners including one other co-accused, namely, Chotelal (petitioner no.1). 6. Learned A.G.A. has submitted before this Court that one of the co-accused Chotelal (petitioner no.1) has been arrested in the meantime. 7. Learned counsel for the petitioners has stated that the petitioner No.1 has been bailed out by the competent Court and mention of the same has been made in the paragraph 14 of the writ petition. 8. Since there is no denial of compromise having occurred between the parties, this Court finds it appropriate to dispose of this petition with a direction to the petitioners and the opposite party No.4 to appear before the opposite party No.3- Station House Officer, Police Station Tikait Nagar, District Barabanki, who shall verify the compromise, if any, that has taken place between the parties and statements of all concerned be recorded and then an appropriate report be submitted to the court concerned. 9. The petitioners and the opposite party No.4 shall appear before the opposite party No.3 on 28.02.2025 at 2 p.m. The opposite party No.3 shall take an appropriate decision within a period of two weeks from the date the petitioners and opposite party No.4 appear before him. 10. Till a decision has been taken by the Station House Officer concerned which shall be communicated to the court concerned and till an appropriate order is passed by the court concerned in pursuance of the impugned F.I.R., the petitioners shall not be arrested. 11. The writ petition is disposed of accordingly. Order Date :- 22.1.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench