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#4
% 19.09.2011
Present: Mr.Ajay Malhotra, Advocate for the petitioner.
Ms. Fizani Husain, APR for the respondent No.l/State along with SI Munish Kumar, P.S. Prasad Nagar.
None for respondent No.2.
+Crl.M.C. No.1683/2011
Vide this application, petitioner is seeking quashing of FIR
No.35/2010 under Section 354/509 IPG P.S. Prasad Nagar on the ground that petitioner has amicably settled the matter with respondent no.2.
Learned APP, on instructions from the 10, submits that charge sheet has already been filed against the petitioner under Section 354/509 IPG.
Both the offences punishable under Section 354 and 509 IPG are compoundable, therefore, the petitioner ought to have moved under
Section 320 Gr.P.G. before the trial court for compounding of offence.
Instead, the petitioner has approached this court under Section 482
Gr.P.G. Since an equally efficacious remedy is available to the petitioner, I am not inclined to invoke inherent powers under Section 482 Gr.P.G. The petitioner may move an application before the trial court which, I am sure, shall be considered in accordance with law.
Petition is, therefore, dismissed.
Order Dasti.
SEPTEMBER 19, 2011 pst
(AJIT BHARIHOKE)
JUDGE
2011:DHC:12647
% 19.09.2011
Present: Mr.Ajay Malhotra, Advocate for the petitioner.
Ms. Fizani Husain, APR for the respondent No.l/State along with SI Munish Kumar, P.S. Prasad Nagar.
None for respondent No.2.
+Crl.M.C. No.1683/2011
Vide this application, petitioner is seeking quashing of FIR
No.35/2010 under Section 354/509 IPG P.S. Prasad Nagar on the ground that petitioner has amicably settled the matter with respondent no.2.
Learned APP, on instructions from the 10, submits that charge sheet has already been filed against the petitioner under Section 354/509 IPG.
Both the offences punishable under Section 354 and 509 IPG are compoundable, therefore, the petitioner ought to have moved under
Section 320 Gr.P.G. before the trial court for compounding of offence.
Instead, the petitioner has approached this court under Section 482
Gr.P.G. Since an equally efficacious remedy is available to the petitioner, I am not inclined to invoke inherent powers under Section 482 Gr.P.G. The petitioner may move an application before the trial court which, I am sure, shall be considered in accordance with law.
Petition is, therefore, dismissed.
Order Dasti.
SEPTEMBER 19, 2011 pst
(AJIT BHARIHOKE)
JUDGE
2011:DHC:12647
JUDGMENT