Court No. - 25 Case :- MISC. BENCH No. - 7061 of 2010 Petitioner :- Peeyush Tandon Respondent :- State Of U.P.Through Secy (Home) Lko.And Ors. Petitioner Counsel :- Vaibhav Kalia Respondent Counsel :- G.A.,P.Chakravarti Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
This petition has been filed by one Piyush Tandon with a prayer that a
direction in the nature of certiorari be issued for quashing the FIR relating to
case crime No. 76 of 2008, under sections 406& 420 IPC,P.s.hazratganj,
district Lucknow. It has been indicated on the first page of the petition that
petitioner is in jail.
This court on 28.7.2010 has passed order that respondents who are
represented by Sri Sri Purnendu Chakravarty advocate is granted two days
time to file counter affidavit indicating therein the compromise arrived at
between the parties. Sri Vaibhav Kali a appearing for the petitioner and Sri
Mohd. Shoed appearing for the complainant state that oral compromise has
been entered into between the parties as such the FIR be quashed in view of
the law laid down by the apex court in the matter of Madan Mohan Abbot v.
State of Punjab reported in 2008 (63) ACC 553 ( SC).
As to whether the parties have entered into compromise, it is not clear as the
deed of compromise is not before the court, obviously for the reason that
petitioner is in jail. Sri Vaibhav Kalia states that since the petitioner is in jail
therefore, there is no question of entering into a written compromise but oral
compromise has been entered into the parties. There is no such compromise
between the parties on record. Sri Vaibhav Kalia has also stated that even no
bail application has been moved on behalf of Sri Piyush Tandon.
In view of the aforesaid circumstances, no reliance can be placed on oral
compromise unless there is a written compromise between the parties with
their photograph on the same .
List after two weeks.
Order Date :- 9.8.2010
R.P/