BHAGWATI PARSHAD & ORS. Vs. STATE & ORS.

JUDGEMENT

(1.) THESE are two petitions arising out of the two cross FIRs. The petition bearing Crl.M.C.No.407/12, is in respect of FIR No. 655/07, u/S 308/ 341/ 34 IPC registered by PS Ambedkar Nagar. The said FIR has been registered at the instance of one Bhagwati Parshad, S/o Sh.Mange Lal, R/o B -2,287, Madangir, New Delhi, aged around 26 years. He has stated that on 9.9.07, he was present at a shop when the incident took place in which he was attacked by Ramkumar, Briju, Ramesh and Sriram, with an attempt to cause homicide. He was also alleged subjected to wrongful restraint. On the basis of this, a case under Section 341 Cr.P.C. in furtherance of common intention was registered against them. After investigation, the charge sheet has been filed against all the four accused persons.

(2.) IN Crl.M.C.no.398/12, an FIR No. 658/07 was registered on 12.9.2007, under Section 341/ 323/ 308/ 506/ 34 IPC against Bhagwati Prasad, Mahabir and Prabhu Dayal at the instance of these very four persons, who are the accused in the cross FIR.

(3.) THE learned APP has opposed the quashing of the aforesaid FIRs on the ground that the trial against the petitioners is on and they have not disclosed, as to why they have decided to compromise, after expiry of five years. It has also been stated by him that statements of some of the witnesses have already been recorded and all the accused persons in both the FIRs are not the parties before this Court and therefore, the FIRs may not be quashed.