ABDUL WAHID Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri. A.B.L. Gaur, senior advocate, assisted by Sri. Saurabh Gaur, learned Counsel for the applicants, learned A.G.A. for the State of U.P.

(2.) This application has been filed with a prayer to quash the impugned order dated 20.1.2010, passed by the First Additional Sessions Judge, Bulandshahr in S.T. No. 649 of 2005, under Section 307, I.P.C. whereby the application for compounding the aforementioned offence has been rejected.

(3.) That facts in brief of this case are that the F.I.R. has been lodged by O.P. No. 2, Farid against the applicants on 23.5.2004 in Case Crime No. 367 of 2004 under Section 307, I.P.C. P.S. Kotwali Nagar, district Bulandshahr alleging therein that on 23.5.2004 at about 12'O clock in day, applicants came in a vehicle No. U.P.-14H-3030, their other associates were boarding in another Gypsy No. A.P.-04-0707, they overtook the motorcycle of the son of the first informant, and got his motorcycle stopped, the applicant Abdul Wahid was armed with rifle, both the applicants discharged shots, consequently, the injured sustained injury on his chest and arms, the applicants were apprehended on the spot alongwith their firearms, according to the medical examination report the injured Farid sustained firearm wound of entry on the left upper arm having its exit wound injury No. 2, after investigation the charge-sheet has been submitted under Section 307, I.P.C. on which the learned Magistrate concerned has taken cognizance, thereafter, the case has been committed to the court of Sessions where charge under Section 307, I.P.C. has been framed at the stage of the trial, the application has been moved by the applicants and O.P. No. 2 that the above mentioned offence may be compounded because its cross case S.T. No. 54 of 2007 has been decided in acquittal because the witnesses were declared hostile, on the basis of the medical examination report, offence under Section 324, I.P.C. is made out, the same may be compounded with the permission of the Court, the application moved by the applicant and O. P. No. 2 has been rejected by the Vth Additional Sessions Judge, Bulandshahr on 20.1.2010 by observing that the charge has been framed under Section 307, I.P.C., the same is non-compoundable, against the order dated 20.1.2010 present application has been filed by the applicants.