AJAYPAL Vs. MOHIT NAGAR

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. for quashing of FIR No.533/2011 registered at P.S. Bhajanpura under Section 452/387/307/34 IPC. The abovesaid FIR was registered on 19.12.2011 on the complaint of respondent No.1.

(2.) THE allegations in the above named FIR were that on 18.12.2011 at about 9.45 P.M., respondent No.1, Mohit Nagar was sitting in his shop situated at Yamuna Vihar when suddenly three persons, namely Azad Singh, Devender and Lekhraj, who are petitioners No.5, 4 and 3 respectively came to his shop and demanded money by threatening him. After this, respondent No.1 came out of his shop and raised an alarm. On hearing the shouting, public gathered there and got hold of Azad Singh and started beating him. Taking advantage of the confusion, the other two petitioners fled away from the spot and came back on motorcycles after some time with two other persons, namely Danish and Ajay Pal who are petitioners No.1 and 2 in the present petition. It was further stated that in the meanwhile respondent No.1's uncle, Vinay Yadav also came to the spot. At this point of time, all the four petitioners tried to release Azad Singh and started beating respondent No.1 and also his brother.

(3.) IN the exercise of its extraordinary jurisdiction under Section 482 Cr.P.C., this Court is within its power to quash the FIR even in non-compoundable offences. The only issue that arises in these circumstances is that whether the compounding of serious offences would serve the ends of justice or not. On the perusal of record and the status report filed by the SHO, P.S. Bhajanpura, it is evident that the offence committed by the petitioners is of grave nature. Not only have they tried to rob the respondent No.1 of his money by way of threatening, but have also audaciously fired at the respondents as well as the Police party. This action of the petitioners indicates total disregard to the law of the land and absence of fear even from the Police officials.