SATBIR Vs. STATE

JUDGEMENT

(1.) The Petitioners have invoked the jurisdiction of this Court with the prayer to quash the FIR No.442/2014 under Sections 323/341/354/34 IPC registered on 09.05.2014 at P.S. Alipur, Delhi on the basis of statement made by "J" aged about 18 years (name withheld to conceal the identity) who is also resident of the same village. The quashing of FIR has been sought on the following grounds:-

(2.) Learned counsel for the Petitioners submitted that the offences for which the FIR has been registered against the Petitioners are not serious in nature and are punishable with imprisonment upto two years. He further submitted that the Petitioners shall be unnecessarily harassed, if sent to face trial despite the compromise entered into by the complainant. Counsel also submitted that the compromise has been entered into soon after the registration of the FIR and two of the Petitioners, who are juvenile, can at the most be charged for committing the offence punishable under Section 323/341 IPC and not for Section 354 IPC.

(3.) Before considering the submissions of counsel for the Petitioners, it is necessary to mention here that if as per Petitioners, all the offences are compoundable, then the remedy to file the writ petition for quashing of FIR does not lie. This Court cannot ignore the fact that the investigation is still in progress and the offences allegedly committed by the Petitioners were after entering into the house of the complainant with the intention to commit the offence like causing hurt, assault and wrongfully restraining the complainant.