Manoj Kumar Garg, J
Instant cr. Misc. application has been filed by the complainant/applicant for recalling of the order dated 17.03.2023, passed by this Court in SB Cr.
Misc. Petition No.406/2023 whereby the misc. petition was allowed and the impugned FIR lodged against the accused-respondents was quashed
solely on the basis of compromise arrived at between the parties.
Counsel for the complainant/applicant submits that during the pendency of the misc. petition, compromise was arrived at between the
complainant/applicant and accused-respondent No.1 Arif Mohd. Pathan, but the accused-respondent No.1 failed to comply with the terms and
conditions of the compromise. Therefore, it is prayed that the order dated 17.03.2023 may be recalled and Police be directed to re-commence
investigation in the FIR impugned.
Per contra, learned counsel for accused-respondents No.3 & 4 submits that no specific role has been assigned to accused-respondent Nos.3 & 4. It is
further submitted that a written compromise was executed between the complainant/applicant and accused-respondent No.1 Arif Mohd. Pathan and
accused-respondents No.3 & 4 have nothing to do with the alleged crime. Therefore, it is prayed that the present misc. application for recalling the
order dated 17.03.2023 may be dismissed.
Heard learned counsel for the parties and perused the misc. application.
The criminal misc. petition under Section 482 Cr.P.C. was allowed by this Court solely on the basis of compromise arrived at between the
complainant/applicant and respondent No.1 Arif Mohd. Pathan. Now, the complainant/applicant himself submits that the accused-respondent No.1 has
violated the terms and conditions of the compromise. In such circumstances, this Court deems it proper to recall the order dated 17.03.2023 passed in
SB Cr. Misc. Petition No.406/2023.
Hence, the Cr. Misc. application is allowed. The order dated 17.03.2023, passed by this Court in SB Cr. Misc. Petition No.406/2023 is hereby
recalled. The Police is directed to re-commence investigation in the FIR impugned.
