RAJKUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 of CrPC has been filed by petitioners seeking quashment of FIR pertaining to Crime No.896 of 2023 registered by PS Maharajpura, District Gwalior for the offences punishable under Ss. 307, 147, 148, 149, 336 of IPC with all consequential proceedings thereto.

(2.) As per the case of prosecution, Manto Bai admitted in Trauma Centre of JA Hospital, Gwalior, reported that on 21/10/2023 around 10:00 in the morning, Jagmohan, Bhawani, Kamlesh and others have dismantled the Panchayat Bhawan near her house. Her family members objected to destruction of Panchayat Bhawan. One of accused (Dhruve) fired on her (Manto Bai) with country-made gun (katta). She sustained injury on her right hand. Her husband Damodar and daughter Seema came for rescue. Jagmohan, Bhawani, Ganesh, Kamlesh, Rajkumar and Dhruve started pelting stones. Damodar and Seema also sustained injuries. They were taken to JA Hospital, Gwalior for treatment. On such allegations, PS Maharajpura, District Gwalior registered FIR at Crime No.896 of 2023 against Jagmohan, Bhawani, Ganesh, Kamlesh, Rajkumar and Dhruve (petitioners) for the offences punishable under Ss. 307, 147, 148, 149, 336 of IPC. Injured were forwarded for medico-legal examination. One gunshot injury was found on right upper-arm of Manto Bai. Accused Kamlesh, Jagmohan, Rajkumar, Ganesh, Bhavani and Dhruve were arrested. One country-made gun (katta) was recovered and seized at the instance of Dhruv. Relevant seizures were made. Statements of witnesses were recorded. The investigation is underway.

(3.) During pendency of this petition, applications (IA No.8240 of 2024 and IA No. 8241 of 2024) under Ss. 320(1) and 320(2) of CrPC were filed for granting permission to compound offence along-with affidavits of petitioners and respondent No.2/complainant stating therein that they have resolved the dispute amicably and they do not wish to pursue the matter anymore.