RAGHUNATH SHRIVASTAVA Vs. STATE OF M.P

JUDGEMENT

(1.) HEARD . Petitioner Raghunath Shrivastava and Sunil Gupta, who are injured and accused respectively, have filed this joint petition under section 482, CrPC for quashing the criminal proceedings pending against the accused before the Court of Judicial Magistrate, First Class, Katni, pertaining to Crime No. 31 of 2005 registered by Police Bahoriband.

(2.) BRIEF facts of the case are that on 21.2.2005, at about 10 O'clock in the night when complainant Raghnath Shrivastava was going to attend some celebration at the house of Gudda Seth, at the Bus-stand, accused Sunil Gupta accosted him and demanded money from him for liquor, on his refusal he abused him and inflicted knife injuries on his fingers and nose. On report of Raghunath Shrivastava Police Bahoriband registered a case under sections 341, 294 and 327 of IPC against Sunil Gupta.

(3.) PETITIONERS Raghunath Shrivastava and Sunil Gupta have filed this petition for quashing the first information report as well as criminal proceedings of the criminal case pending against letter on the ground that they have compounded the offence and resolved the dispute amicably. Learned counsel for the petitioners submits that since the dispute has been compromised, criminal proceeding against petitioner Sunil Gupta is abuse of the process of law and as such it deserves to be quashed. He placed reliance on the ratio of the case of B.S. Joshi and others v. State of Haryana and another reported in 2003 (I) MPWN 145 = AIR 2003 SC 1386 wherein on settlement of matrimonial dispute between husband and wife the criminal proceedings of the case under section 498A of IPC were quashed by the apex Court.