Full Text
Translation output
#40
% 05.08.2011
Present: Mr. Deepak Arora, Advocate for the petitioner.
Ms. jasbir Kaur, APP for the respondent No.l/State.
+Cri.M.A.No. 9167/2011
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
Cri.M.C. 2563/2011
I
This is a petition under Section 482 CrPC seeking quashing of FIR
No. 286/2005 under Sections 406/420 IPC registered at police station
Rajouri Garden on the ground of settlement.
It is submitted on behalf of the petitioner that the parties have already settled the matter in the year 2007 and now, there is no dispute left. He submits that in view of the settlement arrived at between the petitioner and the respondent No. 2, no purpose shall be served in prosecuting the petitioner on the basis of FIR. Thus, learned counsel has urged for quashing of the FIR.
Learned APP appearing for the State opposes the prayer for quashing of FIR on the ground of settlement.
Perusal of record would show that the FIR against the petitioner has been filed under Sections 406/420 IPC. I have been informed that charge sheet has already been filed and learned counsel for the petitioner states that the petitioner has been declared Proclaimed Offender. If at all, the parties have settled the matter and the offences being compoundable, the petitioner could easily have moved the Trial Court along with the complainant for compounding of the offences. Offences under Sections
,' ~
~
~
;-~
2011:DHC:11609
2-
406 & 420 IPC are compoundable. As the petitioner has equally efficacious remedy available to move the court of learned M.M. for compounding of offence, I am not inclined to invoke inherent powers under Section 482 CrPC to quash the FIR. If the parties have settled the matter, they may apply for compounding before the concerned court.
Petition is dismissed accordingly.
AUGUST OS, 2011/akb
(AJIT BH~KE)
JUDGE
1-' i
I·~ w
! '
2011:DHC:11609
% 05.08.2011
Present: Mr. Deepak Arora, Advocate for the petitioner.
Ms. jasbir Kaur, APP for the respondent No.l/State.
+Cri.M.A.No. 9167/2011
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
Cri.M.C. 2563/2011
I
This is a petition under Section 482 CrPC seeking quashing of FIR
No. 286/2005 under Sections 406/420 IPC registered at police station
Rajouri Garden on the ground of settlement.
It is submitted on behalf of the petitioner that the parties have already settled the matter in the year 2007 and now, there is no dispute left. He submits that in view of the settlement arrived at between the petitioner and the respondent No. 2, no purpose shall be served in prosecuting the petitioner on the basis of FIR. Thus, learned counsel has urged for quashing of the FIR.
Learned APP appearing for the State opposes the prayer for quashing of FIR on the ground of settlement.
Perusal of record would show that the FIR against the petitioner has been filed under Sections 406/420 IPC. I have been informed that charge sheet has already been filed and learned counsel for the petitioner states that the petitioner has been declared Proclaimed Offender. If at all, the parties have settled the matter and the offences being compoundable, the petitioner could easily have moved the Trial Court along with the complainant for compounding of the offences. Offences under Sections
,' ~
~
~
;-~
2011:DHC:11609
2-
406 & 420 IPC are compoundable. As the petitioner has equally efficacious remedy available to move the court of learned M.M. for compounding of offence, I am not inclined to invoke inherent powers under Section 482 CrPC to quash the FIR. If the parties have settled the matter, they may apply for compounding before the concerned court.
Petition is dismissed accordingly.
AUGUST OS, 2011/akb
(AJIT BH~KE)
JUDGE
1-' i
I·~ w
! '
2011:DHC:11609
JUDGMENT