JAHANI Vs. STATE OF M.P.

JUDGEMENT

(1.) The Miscellaneous Criminal Case has been filed by the petitioners/applicants under Section 482 of the Cr.P.C. for quashing the criminal proceedings in connection with Criminal Case No.196/2016 for the offence punishable under Sections 341, 323/34, 506 and 326/34 of the IPC which is pending before the JMFC, Tendukheda, District-Damoh and also discharging them on the basis of compromise application, which is filed by both the parties before the learned trial Court.

(2.) As per prosecution case, on 20.11.2004 when complainant-Veeran Yadav along with his brother-Uttam Yadav, his father-Tularam were returning to their house after searching their animals. On the way, petitioner/applicant No.1-Jahani Yadav and petitioner/applicant No.2- Devi Singh were armed with Ballum (spear), petitioner/applicant No.2-Bharat Yadav was armed with farsa and petitioner/applicant No.7- Kallan was armed with tabal met them, abused filthily. Petitioner/applicant No.1 has inflicted injury to the complainnat-Veeran Yadav by means of ballum (spear) on his chest. When complainant and his father, brother tried to run away then petitioners/applicants have also stopped them and petitioner/applicant No.2 has inflicted injury to his father-Tularam by means of farsa on his head. Thereafter, petitioner/applicant No.4-Kaurai Yadav and petitioner/applicant No.6 have came there armed with tabal and petitioner/applicant No.5-Ghasita has also came there armed with lathi. Petitioner No.4 has inflicted injury to the complainant-Veeran by means of tabal on his back side, petitioner/applicant No.6 has also inflicted injury to his father-Tularam by means of farsa on his right arm, petitioner/applicant No.4 has inflicted injury to his father by means of tabal on his right leg, petitioner/applicant No.5 has inflicted injury to his father by means of lathi on his both hands and fingures also when his brother-Uttam and his mother-Ujyari have tried to save them, then petitioners/applicants No.3 and 5 have also committed marpeet with them. Thereafter, petitioners/applicants have also threatened them to dire consequences. Thereafter, on the report of the complainant, a case has been registered against the present petitioners/applicants for the alleged offences.

(3.) Complainant/respondent No.3 has lodged the FIR at Police Station-Tendukheda on 20.11.2004 against the petitioners/applicants for the offences punishable under Sections 323, 294, 341 and 506-B read with Section 34 of the IPC and after that, on the basis of medical report, Section 326 of the IPC has been added by the police and charge sheet has been filed before the concerned Magistrate. Thereafter, learned trial Court has framed the charges against the petitioners/applicants for pffence punishable under Sections 341, 294, 323/34, 324/34, 326/34 and 506 Part-II of the IPC.