The State Of Madhya Pradesh vs Dhruv Gurjar

4. The facts leading to this appeal are, that an FIR was lodged against the accused at police station, Kotwali, District Datia for the offences punishable under Sections 307, 294 and 34 of the IPC, which was registered as Crime No. 552/2012. It was alleged that at about 8:00 p.m. in the night on 17.12.2012 when after distributing the milk, Cheeni @ Devasik Yadav came in front of his house situated at Rajghat Viram, at the same time, Dhruv Gurjar (accused) being armed with 12 bore gun, 2 Sonu Khamaria, Rohit Gurjar, Avdhesh Tiwari and 3 to 4 other persons came there and asked him to take out his nephew, and they will kill him as on account of enmity of scuffle took place between his nephew Anand and the accused persons. When complainant told them that my nephew is not here at the same time all of them started to abuse the complainant with filthy language and when he asked them not to do so, at the same time, Sonu Khamaria, Rohit Gurjar, Avdhesh Tiwari and 3­4 other persons spoken that “kill this bastard”, at the same time, Dhruv Gurjar made a fire with intention to kill him, whose pellets struck on three places of his body, i.e., on his forehead, left shoulder and left ear, due to which, he sustained injuries and blood started oozing from it. According to the complainant, Rampratap Yadav and Indrapal Singh were present on the spot, who had witnessed the incident. On hearing the noise of fire, when other people of vicinity reached there, then, all of these persons fled away from the spot of the incident. 4.1 On the basis of a report, a Dehati Nalishi bearing No. 0/12 was registered under Sections 307, 294 and 34 of the IPC. As the complainant sustained injuries, his MLC was performed. On the basis of the contents of the said report, a Crime bearing 3 No. 552/2012 was registered under Sections 307, 294 and 34 of the IPC and the criminal investigation was triggered. Thereafter, the investigation team reached the spot and prepared the spot map and articles were seized.

4.2 That on 18.12.2012, the statements of the witnesses were recorded under Section 161 of the Cr.P.C. That on 21.03.2013, the police arrested the accused. 4.3 The accused filed Miscellaneous Criminal Petition No. 2572 of 2013 under Section 482 of Cr.P.C. before the High Court of Madhya Pradesh, Bench at Gwalior for quashing the criminal proceedings against the accused arising out of the FIR, on the basis of a compromise arrived at between the accused and the complainant.

8. The facts leading to this appeal are, that on 21.12.2012 one truck driver by name Janki Kushwah informed the complainant – Malkhan Singh Yadav, who is also a truck driver that his truck was having some problem and he is near 5 Sitapur village. The complainant reached there and found that his brother Mangal had also reached there with his truck. It is alleged that when they were busy in repairing the truck, four persons at around 5:00 a.m. came from the Sitapur village and they had beaten all of them with legs and fists and snatched cash of Rs.7,300/­ and two Nokia mobiles having Sim Nos. 9411955930 & 7599256400 from the complainant – Malkhan Singh Yadav, Rs.19,000/­ from Mangal and Rs.16,500/­ from Janki Kushwah and a Spice mobile having Sim No. 8756194727. That the complainant is driving on that route since last 7 to 8 years and sometimes also stayed in Sitapur village. According to the complainant, all the four persons were known to him and one of them, namely, accused Tinku Sharma was having ‘Addhi’ in his hand, the second one was Ravi Sharma, who was having gun in his hand, and the other two were Babloo Sharma and Bhurerai. All the accused persons after robbing the complainant, Mangal and Janki Kushwah, went towards Sitapur village. 8.1 That at 6:30 a.m., the complainant went to Goraghat Police Station, District Datia and lodged the first information report, which was registered as Crime No. 159 of 2012 against the accused under Section 394 of the IPC, 11/13 of M.P.D.V.P.K. Act 6 and 25/27 of the Arms Act. Thereafter, the investigation was started and the police reached the spot of the incident and prepared spot map and also recorded the statement of witnesses. Thereafter, they sent the complainant and two other persons to the District Hospital, Datia for medical examination, where the Medical Officer found simple injuries on various body parts of them.

19. In view of the above and for the reasons stated, both these appeals succeed, and are hereby allowed. The impugned judgments and orders passed by the High Court are hereby set aside, and the respective FIRs/investigation/criminal proceedings be proceeded against the respective accused, and they shall be dealt with, in accordance with law.