HARSH DABAS Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.PC for quashing of FIR No.198/2011 registered at Police Station Bawana under Sections 307/34 IPC. The above said FIR was registered on 9.6.2011 on the complaint of respondent no.2 Bhupinder Singh.

(2.) IN the abovesaid FIR, respondent no.2 alleged that on 9.6.2011 while he was coming towards his house at Narela, Delhi, at about 5.40 pm in his Wagon R car and reached at a bus stand towards Bawana, a white Maruti car came from behind and stopped towards the left side of his car and started abusing him for not giving side. After this, respondent no.2 tried to explain that due to heavy traffic he was unable to give side to the Maruti Car. It was alleged that upon hearing this, the three boys travelling in the Maruti Car came out and started beating him with leg and fist blows and put him down on the road. It was stated that the driver of the car took out the kirpan of respondent no.2 and attacked him on his chest, neck and left shoulder and the other two boys continued beating him with leg and fist blows. On raising hue and cry, the three persons fled away in their car with the Kirpan of respondent no.2.

(3.) THE compounding of certain offences punishable under Indian Penal Code is covered under Section 320 Cr.PC. Sub section 1 of Section 320 provides that the offences mentioned in the Table provided thereunder 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 leave of the Court. Further sub section (9) provides that "no offence shall be compounded except as provided by this Section".