AMIT KUMAR TIWARI Vs. AJAY KUMAR DWIVEDI

JUDGEMENT

(1.) The petitioners-accused have filed this petition under Section 482 of the CrPC for compounding of non-compoundable offences and for quashing of the trial proceedings in Special Case No. 44/2014 which is pending before the Court of Special Judge (MPDVPK Act) Gwalior.

(2.) The short facts of the case for just and proper adjudication of this petition are that on 12/5/2014 respondent No.1-complainant had filed a criminal complaint under Section 200 of the CrPC for the prosecution of the petitioners under Sections 323 , 294 , 506-A , 452 and 395 of the IPC, 25-B, 25 and 27 of the Arms Act and 11 read with 13 of the MPDVPK Act before the Court of Special Judge (MPDVPK Act) Gwalior. The sum and substance of the complaint is that respondent No. 1 is a practicing lawyer in Gwalior city and he resides with his family members in Kuber Vihar Colony Gwalior. He got married to Anjali Tiwari on 20/11/2013 as per Hindu rites and customs at Gwalior. Petitioners Amit and Atul are brothers of his wife and petitioners Shivam, Vikash and Ajay are the cousins of his wife. In the night of 4/5/2014 at about 9:00 PM, the petitioners with two to three unknown persons with weapons came unexpectedly to his residence. At that time, he was strolling on the roof- top of his residence. They threateningly asked him why he did not attend their phone call made on his land-line telephone and also asked why he did not so far provide a mobile phone to his wife Anjali despite their dictates. Thereafter, they hurled filthy abuses at him and they tried to abduct him from his residence. Meanwhile, his father came to the roof-top having heard hullabaloo. In the presence of his father, they committed marpeet with him with kicks and fists. In the course of marpeet, petitioners Shivam and Amit broke his wearing gold chain around his neck. Having heard the noise of quarrel, his neighbour Shailu Sengar also came. While his father was rescuing him, petitioner Amit attacked him with a knife as a result he sustained injuries on his hands. Petitioners Vikash and Shivam brandished country-made firearms to threaten and kill him. During the course of incident, said Shailu Sengar informed the police of Police Station Thatipur. The police came and took him, the petitioners and their unknown companions to police station. There, he narrated the entire incident to Vijay Singh Tomar, the SHO. Instead of registering his police report regarding the said incident, the police registered a case against him and his mother regarding dowry related cruelties upon the report of one of the petitioners and put him in the lock- up room of the police station. He made complaints against the attitude of the police of Poilce Station Thatipur and non-recording of his report to the higher police authorities, but in vain. Thereupon, he had to file this complaint against the petitioners. The learned Trial Judge took the cognizance against the petitioners for the offences punishable under Sections 450 , 323 , 395 and 506 (part-I) IPC and 11 read with 13 MPDVPK Act, after recording the statements of respondent No. 1 and his witnesses. The complaint came to be registered as Special Case No. 44/2014. Later, the learned Trial Judge framed charges against the petitioners in the aforestated Sections of law. In the course of trial of the case, respondent No. 1 and the petitioners arrived at compromise and filed the compromise petition before the trial Court. The learned Trial Judge allowed the compromise under Sections 323 and 506 (part-I) IPC , but rejected the compromise in the remaining Sections of law holding that the offences are non- compoundable. Hence, this petition.

(3.) During the pendency of this petition, the petitioners and respondent No. 1 have filed a compromise petition being IA No. 5178/2017. As per the verification report on compromise dated 31/8/2017 submitted by the Principal Registrar of this Bench, the petitioners and respondent No. 1 have entered into compromise voluntarily without any threats, coercion, and inducements. But the offences are non- compoundable.