Sanjay Bhati @ Sanjeev Kumar & ORS v. The State (Govt. Of NCT Of Delhi)& ANR
$~104 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 839/2018 SANJAY BHATI @ SANJEEV KUMAR & ORS ..... Petitioners Through:
Mr.K.S.Sharma, Advocate versus THE STATE (GOVT. OF NCT OF DELHI)& ANR ..... Respondents Through:
Mr. Raghuvinder Varma, APP for State with ASI Nirdesh, PS Jaitpur Mr.Inderjeet Bainsla, Adv for R-2 with R-2 in person.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
O R D E R
% 19.02.2018 Crl.M.C. No.839/2018 Vide the present petition, the petitioners seek quashing of FIR No.71/2018, Police Station Jaitpur, under Sections Indian Penal Code, 1860 submitting to the effect that a settlement has been arrived at between the parties.
The petition itself indicates that it seeks quashing of an offence per se compoundable punishable under Section 379 Indian Penal Code, 1860 in terms of Section 320 Cr.P.C, 1973. In reply to a specific court query, it has been submitted by the learned counsel for the petitioner that the petitioner No.1 has to go abroad.
In reply to a specific court query, on behalf of the State, it has been submitted that the as per the investigating officer, SI Nirdesh, the investigation in the matter is yet to be completed.
Since the investigation in the matter has not yet been completed, it is not considered appropriate to quash the FIR presently. Further more, as the offence punishable under Section 379 Indian Penal Code, 1860 is per se compoundable under Section 320 Cr.P.C, 1973, the petitioner may seek redressal after the completion of the investigation in accordance with law.
The petition is disposed of.
ANU MALHOTRA, J FEBRUARY 19, 2018/SV