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2019 Supreme(All) 2559

PANKAJ NAQVI, SURESH KUMAR GUPTA
Ram Kailash Tripathi – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Chandra Pal Singh.
For the Respondent: G.A.

JUDGMENT :

1. Heard Sri Chandra Pal Singh, learned counsel for the petitioners and the learned A.G.A.

2. This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 15.7.2019 registered as Case Crime no. 0559 of 2019, under Sections 376, 452, 323, 506 IPC, P.S. Handiya, District Prayagraj (Allahabad).

3. It is submitted by learned counsel for the petitioners that as parties have amicably settled their dispute, victim herself filed an application to the Superintendent of Police that the FIR was lodged on false allegations, no offences are made out, FIR be quashed, in the light of Gian Singh vs. State of Punjab, 2012(10) SCC 303 and Narinder Singh vs. State of Punjab, (2014) 6 SCC 466.

4. The Apex Court in State of M.P. Vs. Laxmi Narayan & Ors. (3 Judges), AIR 2019 SC 1296, while resolving the conflict between Narinder Singh (supra) and State of Rajasthan Vs. Shambhu Kewat (2014) 4 SCC 149, as regards quashment of proceedings under Article 226 / Section 482 CrPC on the ground of compromise / settlement, held as under:

    "10. Now so far as the decision of this Court

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