ASMITA SHARMA Vs. STATE

JUDGEMENT

(1.) In this Petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) the Petitioners seek setting aside of the order dated 16.04.2012 whereby the Petitioners' prayer for dropping the proceedings for the offence punishable under Sections 279/337 of the Indian Penal Code (IPC), 3/181, 146/196 and 5/180 of the Motor Vehicles Act, 1988 (the M.V. Act) was declined by the learned Metropolitan Magistrate ('MM'). A Revision Petition filed against the order dated 16.04.2012 came to be dismissed by the learned Additional Sessions Judge (ASJ) by an order dated 07.09.2012.

(2.) The facts of the case are not very much in dispute. On a complaint of Ms. Kapila Nanda and Ms. Poonam Dabas, FIR No.34/2010 was registered at Police Station (PS) Greater Kailash Part-I against the Petitioners for driving the car No.DL-9CS-5016 by Petitioner No.1 in a rash and negligent manner. The First Petitioner was found to be not even possessing the driving licence. Thus, Petitioner No.2, the owner was also prosecuted for permitting Petitioner No.1 to drive the earlier said car without a license.

(3.) Injured Kapila Nanda appeared before the learned 'MM' on 02.06.2011 whereas injured Poonam Dabas appeared before the learned 'MM' on 07.06.2011 and stated that they did not wish to proceed against the accused persons (that is the Petitioners herein) and the proceedings against them may be dropped. Since there was no application to compound the offences and the offences other than those punishable under Section 337 IPC were non-compoundable, the learned 'MM' declined to drop the proceedings under Section 258 Cr.P.C. and ordered for issuance of the notice under Section 251 Cr.P.C. The Revision Petition preferred by the Petitioners did not find favour with the learned ASJ. The same was dismissed by an order dated 07.09.2012.