State Of M.P vs Deepak & Ors

As counsel for both the parties expressed their willingness to argue the matter finally at this stage, we heard the appeal finally.

The complainant (respondent No.3), Deepak Ghenghat s/o Laxminarayan Ghenghat, had alleged that on 11.3.2013 at about 9.45 p.m., while he was going to Baraipura Chauraha for buying Gutkha for his mother, Deepak Nahariya and Mukesh Nahariya (respondent Nos.1 and 2) met him near Sweepar Mohalla, Gali No. 1. On being asked by respondent No.1, in an abusive language, as to where he was proceeded to, the complainant protested against the use of such foul language. At this, respondent No.1 took out the sword which he was carrying and with an intention to kill the complainant, he inflicted a blow on his forehead by shouting 'you have lodged the report against my elder brother, today I will kill you'. Respondent No.1, thereafter, inflicted blows above the ear on the back side of the head and on the left arm. When the complainant informed that he would lodge a report with the Police, respondent No.2 caught hold of him and threatened that if he lodges the report, then he would not let the complainant reside in the Mohalla. By that time, brother of the complainant Suraj and one Preeti reached the spot and rescued the complainant.

On the same date, the complainant lodged F.I.R. No. 171 of 2013 at Police Station Kotwali, Vidisha (M.P.) for the offence punishable under Sections 307 of I.P.C. read with Section 34 of I.P.C. which triggered the criminal investigation and complainant Deepak Ghenghat was sent for medical examination. Thereafter, on 12.3.2013 police reached on the spot and prepared the spot map, recorded the statement of the witnesses under Section 161, arrested the accused persons and seized certain articles.

On 14.4.2013, articles which were seized were sent for forensic examination. After due and proper investigation charge sheet was filed on 6.4.2013 for the offences punishable under Sections 307 of IPC read with Section 34 of IPC. The respondent filed Misc. Criminal Case No. 3527 of 2013 before the High Court of Madhya Pradesh, Bench at Gwalior under Section 482 of Cr. PC for quashing the criminal proceedings, arising out of the F.I.R. No. 171/2013 against the respondent on the basis of compromise, registered on 11.3.2013 under Sections 307 of IPC read with Section 34 of IPC.

Aggrieved by the aforesaid order, the State is before us in the present appeal. It is primarily submitted by the learned counsel for the State that the judgment in the case of Shiji @ Pappu & Ors. (supra) is not applicable to the facts of the present case inasmuch as the incident in question had its genesis and origin in a civil dispute between the parties and having regard to the same the Court had accepted the settlement and quashed the proceedings when it found that parties had resolved the said dispute between them. It was pleaded that on the contrary, in the present case accused persons are habitual offenders and they had threatened the complainant and extracted the compromise which was not voluntary. The learned counsel also referred to the injuries suffered by the complainant which are described in the report as a result of the medical examination carried out on the person of the complainant immediately after the incident. He pleaded that the offence under Section 307 of IPC was, prima facie, made out and for such a heinous crime the High Court should not have exercised its discretion under Section 482 of the Cr. PC and quashed the proceedings as the offence in question was non-compoundable under Section 320 of the Code.

While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.

As a result of the aforesaid discussion, this appeal is allowed and the order of the High Court is set aside. The concerned Magistrate shall proceed with the trial of the case.

September 10, 2014.