IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr MMO No.14 of 2008 Date of decision: 12.05.2008 Madan Singh and another Petitioners Versus Ruckko Devi Respondent Coram The Hon’ble Mr. Justice V.K.Ahuja,J. Whether approved for reporting1? No For the petitioner: Mr. Nimish Gupta, Advocate. For the respondent: Mr. Kulbhushan Khajuria, Advocate. V.K.Ahuja, J (Oral) The present petition has been filed by the petitioners for quashing of the complaint pending before the learned trial Court in Complaint Case No.44-1/2007. I have heard the learned counsel for the parties and have gone through the record. The main submissions made by the learned counsel for the petitioners are that on the first complaint made by the respondent, the matter was compromised but thereafter again the complainant/respondent filed the present complaint. Once the complaint was filed before the police, the police registered the case and when the offence is not compoundable, the matter cannot be compromised and it can only be compromised before the Court only. The learned trial Court had taken cognizance of the complaint and has issued summons to the petitioners and one another person under Sections 323,341,452 and/34 IPC. In the Whether the reporters of Local Papers may be allowed to see the Judgment? Yes. preliminary evidence, the complainant has examined herself as well as one another person AW-2 Amar Singh. After considering the preliminary evidence, the learned trial Court had issued summons to the petitioners and one another person. The case is now fixed for pre-charge evidence before the learned trial Court and keeping in view the fact that there was prima facie, some evidence as against the petitioners, it cannot be said that this Court should exercise its extraordinary powers for quashing the proceedings under Section 482 Cr.P.C. The learned counsel for the petitioners has relied on a decision of the Apex Court reported in Pepsi Foods Ltd. and another vs. Special Judicial Magistrate and others (1998)5 Supreme Court Cases 749. In that case, the Apex Court has observed that the High Court has the power under Section 482 Cr.PC for quashing the proceedings. However, these powers are to be exercised sparingly and only in appropriate cases. In the present proceedings, prima facie, a case was made out against the petitioners on the basis of the preliminary evidence therefore, no case is made out for exercising these powers. The petitioner can take this plea at the time of framing of charge. In view of the above discussion, there is no merit in the petition and the same is dismissed accordingly. The parties are directed to appear before the trial Court on 4.6.2008, the date fixed for trial. 12th May, 2008 (V.K.Ahuja),J. (sds)