Pher Singh & Ors. v. State & Ors.

Delhi High Court · 29 Sep 2011 · 2011:DHC:10295
V. K. Shali
CRL.M.C. 3286/2011
2011:DHC:10295
criminal appeal_dismissed

AI Summary

The High Court dismissed the petition for quashing an FIR involving compoundable offences, directing the petitioners to seek compounding before the trial court.

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$rv41 HIGH COURT OF DELHI
CRL.M.C. 3286/2011
PHER SINGH & ORS ..... Petitioners
Through Mr.Satender Verma, Adv.
VERSUS
STATE & ORS ..... Respondents
Through Mr.Sunil Sharma, APP
CORAM: t-ION'BLE MR. JUSTICE V.K. SHALl
0/o 29.09.2011
ORDER

1. This is a petition for quashing of FIR no.346/2005, u/S 323/341 IPC registered by P.S. Rajouri Garden in respect of which trial is pending before the Court of learned MM.

2. The learned counsel for the petitioners prays for an adjournment on the ground that the parties are not present.

3. The learned APP has pointed out that the aforesaid FIR pertains to an offence u/S 323/341 IPC, both of which are compoundable without the permission of the Court in terms of Section 320 Cr.P.C. and therefore, the petitioners ought to have filed an application in this regard before the Trial Court. c:d M c. J/.86/2011 2011:DHC:10295

4. In view of the statement made by the learned APP, the learned counsel for the petitioners seeks permission to withdraw the present petition with liberty to approach the Trial Court.

5. In view of the above statement, the petition is dismissed as withdrawn with liberty as prayed for.

SEPTEMBER 29, 2011 RN ~ Cri.M.C. 3286/2011

V. K. SHALI,J