INTERPAL SINGH @ BILLU Vs. STATE & ANR.

JUDGEMENT

(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 under Section 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 under Section 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 under Section 506(II) IPC was not compoundable, trial is going on against the petitioner only in respect of the said charge. Hence, the present petition under Section 482 Cr.P.C. has been filed for quashing of the present FIR qua the petitioner relating to the offence under Section 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 under Section 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 under Section 506(II) IPC registered at Police Station Inderpuri and the consequent proceedings emanating therefrom are quashed.