Rabindra Nath Rekhi And Ors. vs State
2005 Latest Caselaw 794 Del

ORDER

Manju Goel, J.

1. This petition under Section 482 of the Cr.P.C. seeks quashment of the C.C. No. 178/1 of 2005 and order dated 22.1.2005 passed by the learned Metropolitan Magistrate with FIR No. 29/2005 dated 29.1.2005 registered under Sections 448/380/120B, IPC at P.S. Greater Kailash-1 and the proceedings emanating there from on the ground that a compromise has been arrived at between petitioner Nos. 1 to 3 and petitioner No. 4/complainant.

2. The complainant No. 4 Shri Rajiv Nath Rekhi is present in person. He is identified by his Counsel Mr. Pratap Sahani who has been representing the complainant in the Trial Court. The accused in this case are Mr. H.D. Singh, Rabindra Nath Rekhi and Joginder Nath Rekhi. All the three accused are present in person. As per the FIR the accused J.N. Rekhi and Rabindra Nath Rekhi along with certain other persons armed with iron rods and hockey sticks entered the hotel of the complainant, disconnected all telephone lines, destroyed the sign board of the house, misbehaved with the inmates of the hotel and removed certain articles from the premises.

3. The parties now state that there has been a settlement and compromise between them and that the complainant does not want to proceed with the complaint any more. The complainant had no grievance for any of his missing articles. He further says that he does not want to pursue the FIR and the proceedings emanating there from and the same may be quashed. His affidavit to this effect is on record.

4. Although the offence under Section 448 is compoundable the offence under Sections 380 and 120B, IPC are not compoundable. Since the parties have compromised and the offence is of a trivial nature, it will be appropriate to quash the proceedings. Accordingly, the petition is allowed and the aforesaid FIR and the proceedings emanating there from are hereby quashed.