Jitender Garg & ORS. v. State & ANR.
$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6958/2022 & CRL.M.As. 26938/2022, 6350/2023 JITENDER GARG & ORS.
.....Petitioners Through:
Mr. Roshan Lal Goel, Advocate with Petitioners.
Mr. Himanshu Sood, Advocate for P-5 & 6.
versus STATE & ANR.
.....Respondents Through:
Mr. Yudhvir Singh Chauhan, APP for the State.
Mr. S.K. Gandhi, Advocate for Objector.
Insp. Devender Kumar, PS Paschim Vihar West
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 30.08.2024 1.
The Petitioner has approached this Court for quashing FIR No.411/2022 dated 18.04.2022 registered at Police Station Paschim Vihar West for offences under Section 420, 120B & 34 IPC on the ground that the Petitioner has entered into a compromise.
2.
The FIR is for offence under Section 420 IPC and the same is compoundable at the instance of both parties. 3.
When this Court suggested to the learned Counsel for the Petitioner that since it is a compoundable offence, as a matter of right, it is for the Petitioner to approach the concerned court and move an application for compounding under Section 320 CrPC, Mr. Roshan Lal Goel, learned The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/09/2024 at 15:24:48
Counsel for the Petitioner, seeks permission to withdraw the present petition with liberty to approach the competent court by moving an appropriate application for compounding the offence.
4.
Permission and liberty, as prayed for, is granted. 5.
It is made clear that this Court has not made any observation on the merits of the case.
6.
This Court is of the opinion that the offence under Section 420 IPC is compoundable at any stage as is clear from the wording of Section 320 CrPC.
7.
The petition is disposed of as withdrawn along with pending application(s), if any.
SUBRAMONIUM PRASAD, J AUGUST 30, 2024 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/09/2024 at 15:24:48