JUMABHAI GAFARBHAI NAKANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Mr.Patel, the learned APP waives service of notice of rule for and on behalf of the respondent no.1 - State of Gujarat. Mr.Pawan Barot, the learned advocate waives service of notice of rule for and on behalf of the respondent no.2 - original complainant.

(2.) By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants seek to invoke the inherent powers of this Court, praying for quashing of the First Information Report being CR I -No.172 of 2015 registered with the Gondal city Police Station, District Rajkot, for the offence punishable under Sections 143, 147, 148, 149, 307, 325, 324, 323, 504, 506(2) of the Indian Penal Code and under Section 135 of the Gujarat Police Act, on the ground that the parties have amicably resolved the dispute.

(3.) I am conscious of the decision of the Supreme Court in the case of State of Madhya Pradesh v. Deepak and others, (2014)10 SCC 285, wherein the Supreme Court has taken the view that offence under Section 307 of the Indian Penal Code is not a private dispute between the parties inter se but it is a crime against the society. The Supreme Court in this case held that the quashment of the proceedings on the basis of a compromise in such a case was not proper. In the said case, it was the State of Madhya Pradesh who had preferred criminal appeal before the Supreme Court challenging the order passed by the High Court of Madhya Pradesh recording such settlement. However, the facts in the said case were very gross. In that case, the injuries inflicted on the complainant were very serious. A sword was used for inflicting the injuries on the forehead, ear, back side of the head as well as on the left arm. The complainant was attacked five times with the sword, out of which two blows were struck on his head.