MUJEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) This application has been filed seeking to quash the entire proceedings of Session Trial No. 152 of 2012, State vs. Mujeem (arising out of Case Crime No. 950 of 2010) under Sec. 307 IPC, P.S. Raipura, District Chitrakoot, pending in the Court of the Additional Sessions Judge, Court No. 1, Chitrakoot.

(2.) The submission of learned counsel for the applicant is that the parties have compromised the matter and moved a compromise application before the learned Additional Sessions Judge, Court No. 1, Chitrakoot in Session Trial No. 152 of 2012, State vs. Mujeem on 4/4/2023, a certified copy whereof is annexed as Annexure no. 5 to this application. It is argued that there are no chances of conviction since the complainant-opposite party has compromised and would not testify in support of the prosecution, in case trial is held.

(3.) A perusal of the prosecution case shows that according to the first informant, who is the complainant-opposite party no. 2 here, the complainant Sahid Ali son of Raja Husain, a resident of Village Dera, Mauja Bandhi of P.S. Raipura, District Chitrakoot along with his uncle Shamshad on 29/12/2010 was riding a motorcycle proceeding home from village Bandhi. When the two reached the Kapoori turning, the applicant, Mujeem was waiting by the side of the canal. It is said that he bore a grudge against the applicant. Upon seeing the complainant, the applicant chased the complaiant at about 7:30 in the evening, and, shortly thereafter, opened fire. The complainant received a gun shot injury to his neck. Despite the injury, the complainant and his uncle gave a chase to the applicant, but he made good his escape. The injuries were subjected to a medico-legal examination at the Combined Hospital Chitrakoot, where the following injury was noted: