MAHIPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Applicants Mahipal and his three co-accused persons have jointly filed this petition under Sec. 482 Code of Criminal Procedure for quashing of the criminal proceedings arising out of the Case Crime No. 456 of 2010, under Sec. 307 IPC registered at Police Station Nai Mandi, District Muzaffar Nagar which is subject matter of the Sessions Trial No. 170 of 2011, titled State vs. Mahipal and others, pending before the Additional District and Sessions Judge, Muzaffar Nagar, on the basis of the compromise dtd. 12/10/2023 (Annexure No. 4).

(2.) The above noted case was registered on the basis of the statement of Rishipal son of Kadam Singh, wherein he alleged that Mahipal, resident of his village keeps on breaching the ridge (Dol) of agricultural land and despite requesting him to not to do so, he tends to enter into a quarrel. My son Praveen Kumar is running a grocery shop and sons of Mahipal are also running a shop for selling hydro and acid. Today at around 3:00 PM, my son was on the shop and my nephews Sachin and Pradeep Kumar were also there when Mahipal alongwith his sons Neetu, Lalit, and father namely Sukhpal came to our shop, who alongwith Sukhpal exhorted that everyday you raise complaint regarding breach of ridge (Dol), so today we will eliminate you. Upon this all the four assailants who were carrying acid in a container, with an intention to kill my son Praveen and nephews Sachin, Pradeep threw acid upon them, and it resulted in serious injuries to all of them. This incident was witnessed by Baburam son of Paldu resident of Sikhreda and Ravindra son of Madan resident of Sarmujheda, Police Station Nai Mandi, Muzaffar Nagar. At the time of incident, I was purchasing petrol from a petrol pump for my truck and on receiving the information, I reached at the spot and the witnesses told that the injured have been taken to the hospital. On these broad allegations, the above FIR was registered for the alleged commission of offences punishable under Sec. 307 IPC.

(3.) After registration of the case, the police carried out investigation and submitted the final report bearing Charge Sheet no. 118 of 2010 dtd. 8/5/2010 under Sec. 173(2) Cr.P.C against the applicants-accused for alleged commission of offence punishable under Sec. 307 IPC.