35183e68eea9e9b889d901ac55913a74b13b66d125204af651f2edf31fa8bdd7

Delhi High Court · 03 Jun 2011 · 2011:DHC:11252
Ajit Hoke
Cri.M.C. No.1328/2011
2011:DHC:11252
criminal petition_dismissed

AI Summary

The High Court dismissed the petition to quash an FIR involving compoundable offences, holding that the proper remedy is compounding before the Magistrate under Section 320 Cr.P.C., not quashing under Section 482 Cr.P.C.

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Translation output
#3
%03.06.2011
Present: Petitioners in person with Ms.Deepti Dogra, Advocate.
Mr.Sunil Sharma, APP for the State/respondent No.1.
Respondent No.2 in person.
+ Cri.M.C. No.1328/2011
Petitioners are seeking quashing of FIR No.423/2009 under Sections
451/323/506/34 IPC registered at P.S. Preet Vihar on the ground of settlement arrived at between the parties.
All the offences mentioned in the FIR are compoundable, therefore the parties ought to have approached the Magistrate for compounding of offences under Section 320 Cr.P.C. instead of approaching this Court.
Since efficacious remedy is available to the petitioners, I am not inclined to invoke the inherent powers under Section 482 Cr.P.C.
Dismissed.
JUNE 03, 2011 ks
(AJIT~HOKE)
JUDGE
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2011:DHC:11252
JUDGMENT