VICKY Vs. STATE

JUDGEMENT

(1.) THE present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 80/08 registered under Section 323/324/341/307 IPC and Section 25/27/54/59 of the Arms Act at P.S. Vikas Puri.

(2.) THE FIR was lodged at the instance of Anil who was the cousin of respondent no.2 and has passed away during the pendency of the case. It was stated in the FIR that on 22.03.2008 the complainant and respondent no.2 along with their maternal uncle were assaulted with a knife by petitioner no. 1 and 2. It was also submitted that gunshots were also fired by petitioner no. 2 at the complainant and respondent no.2. In the alleged attack, the petitioner no.2 also received bullet injury. The petitioners were arrested by the police and are in judicial custody since March 2008. After completion of investigation, charge sheet was filed in the trial Court and 12 prosecution witnesses have been examined. The case is now fixed for defense evidence.

(3.) THE compounding of certain offences punishable under Indian Penal Code is governed by Section 320 of Code of Criminal Procedure. Sub -section (1) of Section 320 provides that the offences mentioned in the table provided there under can be compounded by the persons mentioned in column 3 of the said table. Further, sub -section (2) provides that the offences mentioned in the table could be compounded by the victim with the permission of the court. As against this, sub - section (9) specifically provides that "no offence shall be compounded except as provided by this section". In view of the aforesaid legislative mandate, only the offences which are covered by Table 1 or Table 2 as stated above can be compounded and the rest of the offences punishable under IPC cannot be compounded.