JAGDISH PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Jagdish Prasad and seven others have filed this petition with the prayer to quash the First Information Report dated 22-9-90 giving rise to crime No. 435 of 1990 u/Ss. 457 and 380, IPC Police Station Shahgan, District Agra. An application has been simultaneously made seeking stay of the arrest of the applicants in the said crime.

(2.) The allegation in the FIR lodged by one Smt. Chameli Devi on 22-9-90 was that on the night between 16/ 17/04/1990 her relations had stolen Rs.36000.00, two pairs of silver Payal weighing 18 Tola and a golden ring weighing 1 Tola after breaking open the lock of her box. It was mentioned in the FIR that the details of this incident had been mentioned in a report given by her in the office of the Dy. S. P. Agra on 27-7-90 requesting the police to get the case registered and to take necessary action. Consequently the informant, while annexing the copy of the said report dated 27-7-90 had requested the police to take necessary action in the matter. This report is Annexure-2 to the writ petition.

(3.) In the petition the petitioners have given the pedigree, according to which the first informant Smt. Chameli Devi was aunt (Bua) of the father of the petitioner No.4 Dharmendra Nath. The rest of the petitioners are admittedly the relations of Dharmendra Nath. It is not disputed that Smt. Chameli Devi had come and stayed with Smt. Jai Devi at 10-/131-A Kolihai, P. S. Shahganj, District Agra when she complained about the loss of her ornaments and cash etc. Admittedly the petitioner Nos. 1 to 6 are living in one and the same house i.e. house No. 10-131-A, Kolihai, P. S. Shahganj, District Agra. It is further asserted in the petition that on her complaint some persons intervened in the matter. Thereafter it was agreed that the family members of the petitioners would pay the compensation of Rs. 20,000.00 to Smt. Chameli Devi. Consequently it is alleged that a Panchnama was prepared on 16-5-90 evidencing the compromise. This compromise (Panchanama) which was entered in between Smt. Chameli Devi and Ravendra Nath alias Teepu son of Gangeshwar Nath Saxena, second party in the Panchanama, who was the brother of Dharmendra Nath, petitioner No. 4, is Annexure-1 to the writ petition. A perusal of this Panchnama clearly mentioned that the second party on 16-4-90 had taken away Rs.36000.00, two pairs of silver Payal and a golden ring and as the second party had paid back Rs. 12,000.00 and had agreed to pay Rs. 8,000.00 within a year, hence no action would be taken by either party in respect of the said incident in future and even if some action was taken, the same would be treated to be illegal.