High CourtsSingle Bench(2012) 09 DEL CK 0391

Interpal Singh @ Billu vs State and Another

Delhi High Court · Decided on 7 September 2012 · Citation: (2012) 4 JCC 2369

HON’BLE JUDGES
A.K. Pathak, J
RESULT
Disposed Off
CASE NUMBER
Criminal M.C. No. 2784 of 2012

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Judgment

9 paragraphs · 372 words

Crl. MA. No. 13973/2012 (exemption)

Allowed, subject to all just exceptions.

Application is disposed of.

CRL. M.C No. 2784/2012

1.

On the complaint of one Sanjay Kumar, FIR No. 265/1995 under Sections 394/506 IPC was registered at Police Station Inderpuri. Complainant alleged that Kaku, Hillo, Motu and Meena gave beatings to him with fists blow and kicks. Billo snatched his chain and Motu snatched his black purse from the pocket. Subsequently. Offences under Sections 341/323 IPC were also added. Trial court framed charges under Sections 323/341/506/394/34 IPC on 8th April, 2008. In Crl. Revision Petition bearing No. 241/2008, a Single Judge of this Court held that no offence under Sections 394/34 IPC was made out against the petitioner. It may be noted that the charges under Sections 342/323/34 IPC were framed against all the accused persons including the petitioner. In addition thereto a separate charge was also framed against the petitioner u/s 506(11) IPC. It is brought to the notice of Court by the counsel for the petitioner that the matter has been settled between the complainant and the accused persons, inasmuch as, on a joint application moved by them u/s 320 Cr.P.C. Metropolitan Magistrate has permitted the compounding of offences under Sections 341/323/34 IPC and has acquitted the accused persons including the petitioner under the said provisions. Since the offence u/s 506(II) IPC was not compoundable, trial is going on against the petitioner only in respect of the said charge. Hence, the present petition u/s 482 Cr.P.C. has been filed for quashing of the present FIR qua the petitioner relating to the offence u/s 506 (II) IPC

2.

Complainant/respondent No. 2, who is present in Court and has been identified by the Investigating Officer, submits that he has no objection in case FIR in question is quashed qua the petitioner in respect of the offence u/s 506(II) IPC. Petitioner and respondent No. 2 are neighbours, and they want to maintain harmonious relations in future. Keeping the peculiar facts of this case, in the interest of justice, FIR No. 265/1995 u/s 506(II) IPC registered at Police Station Inderpuri and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

CRL. M.A. 13972/2012 (stay)

Disposed of as infructuous.