Full Text
GAURAV KUMAR ..... Petitioner
Through : Mr. Gurnam Singh, Advocate VCTSUS STATE NCT OF DELHI & ANR. r ..... Respondents o
Through : Ms. Ritu Gauba, APP for the State
16.09.20 t 1 Crl.
M.A. No. LO98O/2O11 (Exemption)
Exemption allowed, subject to all just exceptions.
The application stands dispose of.
Crl. M.C.3LOO/2O11
ORDER
1. Notice. Learned APP accepts notice on behalf of the o State/respondent No. 1.
2. By this petition, the petitioner seeks quashing of FIR NO. 26512009 under Section 42013[4] Indian Penal Code, 1860 registered at PS Jahangir Puri, New Delhi on the complaint of respondent no.2 against the petitioner. % 2011:DHC:12593
3. Learned APP for the states submits that under Section 320(5) CrPC when the accused has been committed for trial, no compromise shall be allowed without the leave of the court to which he is committed, or as the case may be, before which the appeal is to be heard.
4. Learned counsel further pointed out that the present I O case is triable by learned Metropolitan Magistrate and the appeal shall lie in the court of Session, therefore, the present FIR can be quashed by the learned MM.
5. She further submits that under clause (6) of Sec. 320, the High Court or the Court of Session acting in exercise of its powers of revision under Section 401 may allow any person to compound any offence which such person is competent to compound under this Section. Therefore,'this case should not have been filed by the petitioner before this Court.
6. At this stage, learned counsel for the petitioner seeks to withdraw the petition with liberty to file the same for seeking this relief before the learned MM. o ) /
7.
8. Liberty granted. The petition is dismissed as withdrawn.
SURESH KAIT, J SEPTEMBER 'raj' L[6],2oLL t O