NEELU GUPTA Vs. STATE

JUDGEMENT

(1.) THIS is a joint petition filed by the parties under Section 482 of the Code of Criminal Procedure for quashing the proceedings arising out of the FIR No. 401/2006 registered at Police Station Narela, Delhi for the alleged offences under Sections 120B/420/467/471 of the Indian Penal Code. Petitioner No. 1 is the daughter of the petitioner Nos. 2 and 3. It is stated in the Petition that due to misunderstanding between the parties, the Petitioner No. 1 made the written complaint against the Petitioner No. 2 to 5 along with other persons to the SHO P.S. Narela on 19/04/06. However, shortly before the registration of FIR against the said persons, the parties arrived at a settlement and executed a MOU dated 30/06/06. It is further stated that after the said compromise, the petitioner No. 1 gave a letter dated 30.6.06 to the office of D.C.P. for the withdrawal of the criminal complaint stating that matter between them have been compromised and she is not interested in pursuing the criminal complaint against the other petitioner. It is further stated that despite of letter being sent and the Police being apprised of the settlement the FIR was registered against the Petitioner No. 2 to 5 along with other persons.

(2.) IT is in these circumstances that the learned Counsel appearing on behalf of the Petitioners submitted that it was a fit case for quashing of the FIR and all proceedings pursuant thereto. However, the learned Counsel appearing on the behalf of the State has taken an objection to the quashing of FIR that the offence involved is not compoundable in terms of Section 320 of the Code and the Court ought not to exercise its jurisdiction under Section 482, Cr.P.C. and quash the FIR. Mr. Aggarwal appearing on the behalf of the petitioner placed reliance on several decisions wherein the parties have amicably settled the dispute and the FIR and the proceedings thereto were quashed by the High Court in exercise of its powers under Section 482, Cr.P.C. He referred to the following decisions :