JUDGEMENT
SURESH KAIT, J. -
(1.)NOTICE issued.
(2.)LD. APP accepts notice on behalf of respondent no.1.
Ld. Counsel for the petitioner submits that vide FIR no. 162 dated 08.06.2010, case under Section 420/468/506 Indian Penal Code, 1860 was registered at PS-Burari against the petitioners on the complaint of Respondent no. 2.
He further submitted that the matter has been compromised vide compromise deed dated 15.11.2011 between the petitioners and respondent no. 2. Therefore, respondent no. 2 is no more interested to pursue the matter. Respondent no. 2 is personally present in the court, who has not rebutted the contention of the ld. Counsel for the petitioner and further submits that if the present FIR is quashed, he has no objection as the matter has been fully settled between the parties. ASI Jai Prakash, PS-Burari has identified respondent no.2.
(3.)LD. APP on the other hand submits that during investigation Section 471 has been added and therefore Section 471 and 468 are not He has referred the decision of Hon'ble Supreme compoundable. Court in Gian Singh v. State of Punjab & Anr. in SLP (Crl.) No.8989/2010 wherein the Division Bench of the Supreme Court has referred three earlier decisions viz, B.S. Joshi v. State of Haryana (2003) 4 SCC 675, Nikhil Merchant v. Central Bureau of Investigation & Anr. (2008) 9 SCC 677 & Manoj Sharma v. State & Ors. (2008) 16 SCC 1 to the larger Bench for re-consideration whether the abovesaid three decisions were decided correctly or not. Therefore, he has prayed that till the matter is decided by the larger Bench of the Apex Court, instant petition may be adjourned sine-die. Alternatively, he prayed that in the event, the FIR is quashed, heavy costs should be imposed upon the petitioners, as the government machinery has been used and precious time of the Court has been consumed.
The Division Bench of Mumbai High Court in Nari Motiram Hira v. Avinash Balkrishnan & Anr. in Crl.W.P.No.995/2010 decided on 03.02.2011 has permitted for compounding of the offences of 'non- compoundable' category as per Section 320 Cr. P.C. even after discussing Gian Singh (supra).
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