No.7823/2017 and FIR and all subsequent proceedings have been quashed.Umesh was driving the motorcycle and Goldy was sitting pillion.As they reached near the car of the complainant, suddenly, Goldy took out a pistol and with intent to kill him fired a gun shot targeting the head of Anchal.The bullet hit on his temporal and he fell down on the road.The petitioner Pawan Agrawal, has preferred this petition under Section 482 of Cr.The only difference is that as per statement of Manish Yadav, co-accused Hemant had revealed before him that after the incident he dropped the main accused persons Umesh and Goldy at the house of Pawan Agrawal and the present petitioner is same 2 MCRC No.21455/2019 Pawan Agrawal but nothing is recovered from his house or no other evidence is produced by the police with the charge sheet against him.Therefore, on the ground of parity, he is also entitled for the same relief granted to the co-accused Hemant.2 MCRC No.21455/2019Order dated 9.4.2019 passed in the petition preferred by co-accused Hemant in MCRC.No.7823/2017 reads thus:-" This petition is filed under section 482 of the Cr.P.C for quashing crime no.39/2017 registered at police station Lasudiya District- Indore under section 307/34, 109, 112, 120- B, 467, 468 of the IPC and 25 and 27 of the Arms Act, the charge-sheet filed pursuant thereto and proceedings of Sessions Trial No.337/2017 qua the petitioner Hemant.It is the case of the prosecution that on 17.01.2017, when after meeting his brother Jitendra Awasthi in jail, the complainant Anchal Awasthi was coming back by his Alto car, Umesh and Goldy chased him on motorcycle.After firing, they both (Umesh and Goldy) ran away from the spot.Driver of Anchal took him to Bombay Hospital, where he was admitted and provided treatment.After receiving information, the police reached at Bombay Hospital and recorded Dehati Nalishi.The police also recorded dying declaration of the complainant Anchal and investigated the case.During the investigation, the police recorded statement of one Manish Yadav under section 161 of the Cr.P.C., who revealed that in fact two and half month prior to the incident, the petitioner along with other co-accused persons prepared a plan to eliminate the complainant to grab his property.They gathered in the house of Umesh and discussed the plan.He was also part of the plan and was present in that meeting, but later withdrew himself.On the basis of this statement the police impleaded and charge-sheeted 3 MCRC No.21455/2019 the petitioner as one of the co-accused along with 12 other co- accused persons.3 MCRC No.21455/2019Contention of the learned counsel for the petitioner is that his name neither find place in Dehati Nalishi nor in the dying declaration of the complainant.During the investigation, the police arrested co-accused persons Kantilal and Anuj who first revealed about the conspiracy hatched by the co-accused persons but they also did not name the petitioner.The petitioner is impleaded on the false pretext.There is an old rivalry between two groups, who are indulged in attacks and counter attacks.Many other criminal cases have been registered against the persons connected to both the groups.He is also not named the petitioner as a conspirator, when actually the co-accused persons gathered to finalize the plan to eliminate the accused.He also dropped his name in his statement recorded by the Judicial Magistrate First Class u/S 164 Cr.P.C.5 MCRC No.21455/2019The prosecution against the petitioner pending before the Sessions Judge, Indore in Sessions Trial No.337/2017 is hereby set aside.

Cited provisions: Section 468 in The Indian Penal Code; Section 307 in The Indian Penal Code; Section 109 in The Indian Penal Code; Section 34 in The Indian Penal Code; Section 467 in The Indian Penal Code; Section 120B in The Indian Penal Code