JITTU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C., has been filed for quashing the First Information Report in connection with crime no.276/2011 registered on 12.8.2011 at Police Station Gotegaon, District Narsinghpur, for offences punishable under sections 147, 148, 149, 294, 323, 506, 324, 364 and section 190 of IPC.

(2.) The facts of the case are that on 12.8.2011 petitioners abducted and assaulted respondent no.3 Rajesh Rajak, who is the brother of respondent no.2, due to old rivalry. The report of the incident was lodged by complainant/respondent no.2 Kailash Rajak. On that basis, crime no.276/2011 was registered on 12.8.2012 at Police Station Gotegaon, District Narsinghpur, for offences punishable under sections 147, 148, 149, 294, 323, 506, 324, 364 and section 190 of IPC against the petitioners.

(3.) After registration of aforesaid crime, the charge sheet was committed to the Sessions Court as the offences alleged to have been committed by the petitioners were triable by the Sessions Court. The Sessions Court proceeded to frame charges against the applicants for the offences indicated hereinabove. In the said case, an application under section 320(2) of Cr.P.C., was filed by respondents nos.2 & 3 to the effect that they wish to compound the matter. The said application was signed by both the parties and affidavits in support of the same were also sworn by them. The learned trial Court vide order dated 1.3.2021 has allowed to compound offences under section 323, 506 of IPC, but lateron has observed that the offence under section 323 of IPC is framed along with section 149, therefore it cannot be compounded. The application for compromise with respect to section 506 of IPC was entertained, but in respect of other offences the application for compounding has been rejected.