BISHAN SWARUP GUPTA Vs. STATE

JUDGEMENT

(1.) These petitions under Section 482 Criminal Procedure Code have beenfiled for quashing FIR No. 174/93, Police Station Janak Puri under Sections 448/342/506 IPC, FIR No. 251 /93, P.S. Janak Puri under Sections 307/457/34 Indian Penal Code readwith Sections 27/54/59 Arms Act and FIR No. 252/93, P.S. Janak Puri, New Delhiunder Sections 307/34 Indian Penal Code read with Sections 27/54/59 Arms Act.

(2.) Parties in these petitions are common. The FIRs came to be lodged in viewof a dispute over a plot bearing No. C-5, Kiran Garden, Uttam Nagar, New Delhimeasuring 200 sq.yds. A civil suit for permanent injunction bearing Suit No. 97/93 was also filed in the Civil Court by Rakesh Kumar and Gulshan Kumar againstBishan Swarup in respect of the said plot. These persons are parties in the presentpetition. There was a dispute regarding possession of the said plot. On the day ofthe occurrence an altercation took place between two groups which resulted incross cases being registered against the parties. It is averred that the disputesbetween the parties have been amicably settled out of Court and the compromisehas been reduced into writing. None of the parties has any grievance against eachother any more in view of the compromise. A copy of the compromise arrived atbetween the parties has been placed on record. Therefore, it is prayed that theoffences may be allowed to be compounded and the FIRs be ordered to be quashed.

(3.) Some of the offences subject matter of the FIRs are not compoundable inview of the provisions of Section 320 of the Code of Criminal Procedure. That iswhy the present petitions have been moved under Section 482 Criminal Procedure Code for permission to compound the offences and/or quashing of the FIRs.