Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 149074 (ALL)

SANDEEP TOMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

CRLP/5956/2025 · 2025-07-09

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5956 of 2025 Petitioner :- Sandeep Tomar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Dr. Pooja Singh Counsel for Respondent :- G.A.,Prashant Shukla,Shashank Kumar Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. Sri Prashant Shukla, Advocate, had earlier filed Caveat. Now when the matter has been taken up, Sri Abhishek Yadav, Advocate, has appeared on behalf of respondent no.3 with No Objection being signed on the vakalatnama. 3. This petition has been filed with the following main prayer:- "Issue a writ, order or direction in the nature of Certiorari quashing thereby the impugned First Information Report dated 24.05.2025, lodged by the opposite party no.3 against the petitioner, registered as Case Crime No.137 of 2025, Under Section -328, 376, 504, 506 I.P.C., Police Station- Hazratganj, District- Lucknow, contained as Annexure No.1 to this writ petition, in the interest of justice." 4. It has been submitted by learned Counsel for the petitioner that a compromise has occurred between the parties. 5. Sri Abhishek Yadav, learned counsel appearing on behalf of the respondent no.3, does not dispute the possibility of a compromise having occurred. Although till date no compromise has actually been signed between the parties. 6. We have gone through the contents of the F.I.R. which are in detail and discloses a cognizable offence by the petitioner. 7. Learned A.G.A. has produced before this Court instructions sent by Sri Pradeep Singh, Sub Inspector, P.S. Hazratganj, Lucknow, wherein it has been stated that petitioner has been avoiding the arrest. The statement of the victim under Section 180 and 183 of the B.N.S.S. (Section 161 and 164 of the Cr.P.C.) has been recorded and she has supported the prosecution story. An attempt has also been made to arrest the petitioner, who is evading the arrest. The Magistrate concerned has been approached and an application for issuance of Non Bailable Warrant for the petitioner has already been made to the Magistrate concerned. 8. However, in view of the submissions made by Sri Abhishek Yadav, learned counsel representing respondent no.3, we deem it appropriate to dispose of this petition with the observation that, in case the petitioner and the respondent no.3 are willing to arrive at a compromise, they may execute an agreement and submit the same before the Investigating Officer within a week i.e. latest by 16.07.2025. If they do so, the Investigating Officer shall verify the contents of the agreement and ascertain as to whether it has been entered into willingly by respondent no.3. Thereafter, an appropriate report shall be submitted to the Magistrate concerned. 9. Till 16.07.2025, the petitioner shall not be arrested in pursuance of the impugned F.I.R. 10. This petition is disposed of accordingly. Order Date :- 9.7.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench